Rights of Way & Nuisance

As a land owner you may acquire a right of way across another person’s land by way of:

• a licence or 
• an easement  

It could involve:

• a right for the general public to use a public footpath or highway
• a right to use a private shared driveway whereby each owner has a right to pass over the driveway including passing over another person’s land

Establishing a right of way if not written into the title documentation is often difficult.  It may have been acquired over time and proving or disproving this is not always easy. If you do have some rights you may also have obligations such as maintenance costs. 

If someone is exercising a right of way and they are not entitled to they may also be causing a nuisance. It is a complex area of law but at Hart Brown our specialists can give guidance on whether you have a right of way, any rights of way issues, any breaches or nuisances which might be causing difficulties.

To speak to someone who can help with rights of way issues call, email or request a call back from one of our specialist lawyers.