A dispute may arise over a right of way if someone is using your land without your consent, or if another landowner is denying the access that you may actually be entitled to. A dispute involving a right of way will often develop when an individual or corporation has assumed that the land they are using or passing through either falls within the boundaries of their own property or is public land that can be lawfully used for the purposes of passing. Matters may become more complex in cases when the landowner declares their rights after the land has already been used in this way for some time.
The property law solicitors at Ackroyd Legal have diverse experience in resolving disputes and will look at the circumstances of your case to determine your rights as well as any obligations that you may have.
We act for both landowners and land users in all disputes involving rights of way, and fully appreciate the impact that this may have on your business or upon your ability to enjoy your property rights. For example, if other people are accessing your land, this in turn could affect your ability to use it for your own purposes.
From the opposite point of view, if you are being denied an access route that has been impliedly available since you moved in, this could affect the value of your property or in the case of business premises, your ability to accommodate your client base.
Because of the negative implications of an ongoing dispute over rights of way for both parties, it is advisable to attempt to reach an agreement as quickly as possible, since this will undoubtedly be the quickest and most cost-effective option.
Your specialist property solicitor will examine all of the facts as well as the history of both properties and how the land has been used in the past, in order to establish whether an easement has been created.
An easement means the right to cross or to use land belonging to another party for a defined purpose, for example, if you allow the customers of a neighbouring business to use your land for the purpose of access. An easement can be created in a number ways:
When it comes to a dispute surrounding the issue of a right of way, the outcome will depend very much upon the facts of the case. It is therefore important to seek the right level of legal support, and we will explain your legal rights and obligations, and advise upon the best course of action in the circumstances.
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