Easement Disputes

An easement is a right over a piece of land or property.

It is a legal permission that enables someone to use someone else's property or land for a particular purpose, even when they do not own the property themselves.

There are various ways in which a legal easement can be established, such as the following:

• Easement by express grant – The easement may be documented through a Deed of Grant specifying the terms of the easement. Alternatively, the grant could be included as a clause in a conveyance deed or a transfer deed.
• Easement by necessity – An easement by necessity is often seen in cases where a landowner cannot access their land without crossing neighbouring land.
• Easement by prescription – To establish this type of easement, otherwise known as a "prescriptive" easement, a person must openly and consistently use the land in a way that could be considered an easement without using force, keeping it secret, or obtaining permission, and they must do so continuously for a statutory period of at least twenty years.

Easements can include rights of way, rights to light, utility and drainage easements, and parking easements.

Easement disputes can arise due to disagreements between property owners regarding the scope, extent, or terms of the easement, unauthorised alterations or obstructions, changes in land use, or disputes over the continued need for the easement.

Our property litigation team have extensive experience assisting with easement disputes.

Seek legal advice from Myerson Solicitors if you need professional counsel.

A "right of way," is a type of easement. It is the right for one owner to cross over someone else's land. 

Without a landowner's permission or a formal agreement, going onto someone else's property would generally be considered trespassing, which is against the law.

Another common type of easement is the "right to light."

This means property owners have the legal right to receive natural sunlight through their windows without anything blocking it.

A "right to light" helps make sure homes and buildings have a minimum level of light through their windows.

An easement can be challenged in certain situations. 

Common reasons for challenging an easement include disputing its validity, claiming that it has been abandoned or no longer serves a purpose, or arguing that the terms of the easement are being violated (for example, if the use of the easement exceeds the scope of its grant). 

Challenging an easement typically involves legal proceedings, and the outcome depends on various factors, including the specific circumstances and applicable laws. 

It's advisable to consult with a legal professional, such as a member of Myerson Solicitors' Property Litigation team, if you are considering challenging an easement or if you believe your rights related to an easement are being violated.

If you breach an easement, you may face legal action, such as a lawsuit by the easement holder seeking to enforce their rights, remove any obstructions, or claim damages resulting from the breach.

If you have breached an easement, you may want to seek legal advice.

Usually, a neighbour cannot block your legal right of way. If you have a legal right to use a part of their land, obstructing it could violate your rights. 

However, this can vary by location and can also depend on the terms of the deed of easement (if there is one), so it's a good idea to consult with Myerson Solicitors if you face this issue.

To pursue a claim of interference, the affected party must demonstrate their entitlement to the easement, specify its nature, and establish that the interference is significant.

Not every minor infringement on your right of way will result in a need for legal action.

For the infringement to be actionable, the interference must be substantial enough to affect your use of the right of way in a noticeable and inconvenient manner.

A trivial impact will not give rise to a claim.

The remedies available if there is an interference include:

• A declaration from the Court confirming the easement and defining the extent of it.
• The easement holder can request a court-issued injunction to stop the interference or prevent further violations of the easement.
• If the interference has resulted in financial losses, the easement holder may seek compensation for the damages suffered.
• In many cases, parties involved in an easement dispute may choose to resolve the matter through negotiation or mediation.

When facing right of way disputes it is important to avoid conflict with your neighbour or members of the public.

You should seek an expert property disputes solicitor straight away who can help resolve the situation.

Putting a gate across a right of way doesn't necessarily amount to interference, but you would need to assess whether putting that gate in place would substantially interfere with the right of way.

For example, whilst one gate might not be a substantial interference, several gates over a short route would be.

As mentioned above, if a claimant can provide evidence that one land owner has used a right of way (for example) without force, secrecy, or permission for a continuous period of twenty years, they may be able to argue that they benefit from a prescriptive easement.