Rights of Way Disputes

A right of way, commonly known as an easement is the right for one owner to make use of land belonging to someone else in a specific manner or for a specific purpose, even though they do not own the land.

In the absence of a right of way or permission, utilising another person's land would generally be deemed as trespassing.

Nevertheless, a right of way is not a personal entitlement; it is linked to the land itself.

Another common easement is a right to light.

A right to light is a legal concept that grants property owners the right to receive natural light through their windows without obstruction.

Interference with an easement is an action in private nuisance.

The party claiming the interference must show they are entitled to the benefit of the easement, the nature, extent and scope of the easement and that the interference is substantial.

The courts will not consider every infringement on your right of way to be actionable.

For legal action to be taken, the interference must be significant. If you can still utilise the right of way as conveniently and practically as you did before the obstruction, then it does not amount to substantial interference.

The remedies available if there is an interference in include:

• A declaration from the Court confirming the easement and defining the extent of it.

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