Most properties in
this country have a frontage on the public roads network.
Those that don't have direct access to a public road
usually have a private right of way over adjoining land.
This may give them either vehicular or only pedestrian
acess.
It is important to understand
that the right of way attaches to the property and not to
its owner. Thus anyone who has a legitimate reason to
visit the property, whether socially, on business or in
the course of official duty may also exercise the right
to cross the adjoining land in order to reach the
property.
Problems can occur:
when someone, not
necessarily the owner of the adjoining land, blocks or
restricts the right of way.
when trying to
decide who pays for the maintenance of the right of way
(repairing the road surface, or clearing vegetation from
the pathway) - it is not necessarily the owner of the
land.
when the owner of
the adjoining land changes the route of the right of way
- in some circumstances he is entitled to do this.
What you
should do
The first thing to do is to check your title certificate
and/or conveyance deeds to confirm that there is an
easement and to check the terms of your right of way.
With luck (but this is not always the case) there will be
an accurate description of the extent, shape and form of
the right of way, and a statement of who is responsible
for its maintenance.
Next, consider the amount of incovenience you are
suffering, and whether this is sufficient to justify
action. For example, could large lorries reach your
premises to make deliveries and collections? Could a fire
engine reach you?
Try to negotiate a solution with the neighbour over whose
land you exercise the right of way. If this doesn't work,
consult a chartered land surveyor (e-mail me).
This page was updated on 19 February 2001
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