Rights of Way

A right of way is an easement that allows a landowner to pass across the land of another. This right can be created in several ways, including by:

  • Express agreement, the terms of which are usually set out in a deed. When a property is sold or transferred, any existing right of way will continue to exist;
  • Implied agreement, for example, if the right of way is necessary for the reasonable enjoyment of the property. This situation often arises if part of a property is sold, and the buyer needs to cross the land kept by the seller to access their part of the property;
  • Prescription, in certain circumstances, if the right of way has been used for more than 20 years.

If you have the benefit of a right of way, you can bring a claim if someone is substantially interfering with that right.

boss sitting in office

I am a Partner at Naylor Solicitors, a law firm specialising in property disputes and resolution. I would be delighted to assist with any queries you may have. Please get in touch to arrange a no obligation consultation.

James Naylor

Do I have a claim if my right of way has been interfered with?

In order to bring a claim, the interference must be substantial. The interference will not be considered substantial if, despite the obstruction, the right of way can be used as conveniently and practically as before.

For example, the erection of several locked gates may not amount to interference if you are provided with a key. However, the interference is likely to be substantial if a landowner builds over someone’s right of way without providing an alternative route or compensation.

If successful, you may have recourse to a variety of remedies:

  • An injunction to prevent or remove the obstruction;
  • Damages to compensate you for your loss.

Additionally, any party can seek a declaration from the Court as to the enforceability, scope and meaning of a right of way. It is also possible to obtain a negative declaration that a proposed action, such as the development of land subject to a right of way, will not amount to an interference.

We can advise landowners seeking an injunction or damages and assist with settlement discussions. We can also advise landowners on whether a proposed development would amount to an interference with an existing right of way.

Can a right of way be removed or lost?

Easements can be varied or terminated in a variety of ways.

The parties involved can expressly agree to extinguish or vary the terms of the right of way. Any agreement will need to be documented in a deed and registered with HM Land Registry. This is an appropriate solution if, for example, a landowner intends to build over someone else’s right of way. The person with the benefit of the right of way is usually offered compensation to enter into a deed of release or variation.

A right of way can also come to an end by implied release in various circumstances, including:

  • If a person gives oral or written consent for something permanent to be done which consequently renders the right of way unusable;
  • If the right of way has not been used or enjoyed for a significant period of time, in which case the right is considered to be abandoned.

We can assist landowners with the benefit of a right of way or developers with formalising settlement negotiations in a deed of release or variation.

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Violeta Korkucyte
Violeta Korkucyte
I am very happy with the service provided by Dominika Libova who helped me out with both my housing and allotment issues. Dominika was very professional, knowledgeable and understanding. I am grateful for all support and understanding received. I highly recommend Dominika and I will certainly continue using Naylor Solicitors services, should again there will be any need. Thank you so much! Kind regards, Violeta Korkucyte
Xuan Xing
Xuan Xing
I used Naylor as my solicitor in my possesion claim case. It was very complicated due to a rent-to-rent and defaulting agent case with changing solicitors in the past. Jenny and Dominika provided top-notch services along the way and helped me finally regained the property. They gave legal advices truly in client's interest and explained things in details. I would highly recommend you using them esp. when you face a complicated case.
Hi, My landlord posted an arrears repayment request letter (for my commercial property) to my old residential address where I haven't lived for over 20 years. To make things worse, some of my estranged family out of spite 'sat on the letter and never told me'. When my sick father found out he told me but by that time it was too late and my landlord had then tried 'to dig up a old expired lease clause' to evict me instead. I contacted the landlord and instructed Naylors to help me, as I have used them previously without any problems. I had an excellent service and outcome before and this time felt I was in very safe hands. However my landlord served me a 'forfeiture of lease and claimed repossession. Distraught Naylors saved the day and I am delighted, relieved and very grateful to say the landlord has given my keys back to me today, (within 48hrs of Naylors contacting them on my behalf) and I am back in my shop. Thank you so so much James, Jonathan, Jasper, Gurcharan and the whole team at Naylors, you guys are fantastic! keep up the amazing work. best wishes shabana x
Relinda Howard
Relinda Howard
I take this opportunity of thanking Dominika for her expertise and professionalism. She certainly made my experience of this situation more pleasant . She appears to be a person of strength and determination. When it is time to be firm she can be. Thanks for her perseverance in completing what she started. Relinda.
Mark Genney
Mark Genney
I have to say Naylor went the extra mile, my case must have lasted 5 years or so. I'm very happy with the amount of professionalism and talent that Naylor brought to this.
BB Roy
BB Roy
This specialist, yet unassuming Property Law firm came to my rescue by evicting a tenant in my property who was illegally subletting. At the outset, the principal of the firm - James Naylor set out a very clear forthright approach to get the tenants out by a given date. Then it was all up to a very high impact Solicitor Nida Khan to execute that plan. Nida was diligent and persistent in her manner with the tenants and left them with little scope to manoeuvre other than to surrender the tenancy by the specified date or to face imminent eviction by court orders. Through out the two week's process - Nida kept me informed, was easy to communicate with and was always reassuring. I am very grateful to Naylor's LLP for their professional service and happy to recommend Nida and her firm as outstanding property law practitioners.
Nurliah Fisher
Nurliah Fisher
I would like to thanks to all the staff at Naylor Solicitors. They are all very helpful and the most important is for me that’s they are very honest. Wishing them all the best and success with their team work and especially to Dominika, Many thanks for your hard work. Best wishes Nurliah Fisher
Mustafa Kalaycı
Mustafa Kalaycı
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything. Mustafa KALAYCI
I used Naylor Solicitors to help us purchase our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking legal action in that regard. He was then able to make sure the sale went through as agreed. I highly recommend Naylor Solicitors.
Ray Allen
Ray Allen
We have used their services twice and both times we found them to be efficient and responsive. Kept us well informed of all developments throughout the process.