Rights of Way and Easements

The legal documentation relating to rights of way and easements are hugely important to any property.  Any new documentation relating to new rights of ways or easements should only be entered into with careful consideration and legal advice as once in place it becomes an integral part of any property and its title deeds.

A right of way is a right to pass over another person’s property.  Such rights may be on foot, with vehicles, with livestock, for agricultural purposes, for emergency purposes etc.

There are different types of easements affecting property. For example, an easement could relate to a right of a fire escape, parking rights, rights of light, rights relating to underground utilities, rights relating to overground cables, rights relating to drainage and many more.

Often, rights of way and easements have conditions attached to them such as a requirement to have to make contributions or restrictions on when and how the right of way can be used etc. Most are set out expressly in deeds of grant or legal conveyances or in other title deeds but such rights of way and easements can also be created by other means if certain circumstances are met such as long-established use or by necessity etc.

At Farnfields, we are very experienced in dealing with rights of way and easements.  We regularly act for landowners who have the benefit or experience the burden of rights of way and easements.   In particular, we have extensive dealings with utility companies (such as SSE) who wish to create easements and rights of way.  The law relating to rights of way and easements is complex but at Farnfields we are well placed to advise you.

From time to time, the exercise of rights of way and easements can lead to disputes and if this arises, Farnfields have the expertise to assist you within its litigation team.

We work regularly with specialist land agents, valuers, accountants, tax advisors and other professionals to ensure any new legal documentation is suitable and practical for you and the property in question.

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