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.

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.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

 
 
 
  
 
 
 
 Mustafa Kalaycı 
 
 
 Mustafa Kalaycı 
 
21/01/2024
 
 
  
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
  
 
  
 
 
 
 Pauline 
 
 
 Pauline 
 
12/09/2023
 
 
  
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.
  
 
  
 
 
 
 Simon Grey 
 
 
 Simon Grey 
 
06/09/2022
 
 
  
We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
  
 
  
 
 
 
 Simon Hill 
 
 
 Simon Hill 
 
09/04/2022
 
 
  
I was the main client contact of 60+ objectors on a breach of restrictive covenants case in Hertfordshire lasting several years. Naylors had been recommended by our QC and were superb throughout. We won the case convincingly. Would certainly recommend them.
  
 
  
 
 
 
 Farook Paracha 
 
 
 Farook Paracha 
 
07/01/2022
 
 
  
Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us  clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper.
Regards
Farook Paracha
  
 
  
 
 
 
 Frazer A-F 
 
 
 Frazer A-F 
 
23/08/2021
 
 
  
We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
  
 
  
 
 
 
 Yannick Schindler 
 
 
 Yannick Schindler 
 
01/06/2021
 
 
  
Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
  
 
  
 
 
 
 claire bryant 
 
 
 claire bryant 
 
16/11/2020
 
 
  
From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.