Rights of Way / Easements and Encroachments

A right of way can take the form of a footpath, paths for vehicular access and a right to park a vehicle among other examples. A Right of way can be granted expressly, for example the right is stated to exist in writing in the deeds for the property, or can be granted impliedly. Additionally a right of way can be acquired over a period of long use called ‘prescription’.

DC Kaye & Co regularly advise clients on a variety of issues regarding the rights of way or ‘easements’ that they enjoy from their property over that of another.

Unfortunately it can be the case that a neighbour or other party does something that prevents you (or is anticipated that it will prevent you) from exercising your right of way as you previously have. What will constitute an encroachment of your right of way will depend on the specific facts of your case and often the Court will be guided by the ever-developing case law in this area.