Rights of Way
Issues that commonly arise relate to the width of the right of way, the route that it takes and its extent. A right of way in the context of a private right as opposed to a public right of way has to be from one point to another. Problems can often arise where the right of way has been recorded in old legal documents and so the right does not fit into the context of the modern world. For example, a right of way granted pre-motorbikes and cars.
Representative cases include:
- Acting for clients whose neighbour was exercising his right of way by parking his car on the clients’ land. After correspondence from Fleet he agreed not to do so in the future;
- Acting for clients who wish to develop part of their land through which a right of way existed. Successful negotiations carried out to alter the direction of the right of way;
- Acting for the owners of a right of way over a courtyard where the owners of the courtyard had built flower beds preventing the clients from turning their car in the courtyard as permitted under the right of way. We successfully had the offending flower beds removed;
- Acting for an owner of a right of way who was barred from using the same by the other party locking the gate and insisting that the right of way only be used during daylight hours. There was no such restriction in the right and Fleet successfully obtained the combination of the padlock used to lock the gate and an acceptance by the other party that the right of way could be used at any time whether day or night;
- Acting for an owner of a right of way where the right had not been used for very many years. The other party claimed that the right of use had now been lost. The right had now become commercially valuable. Successfully "reinstated";
- Proposed extension to right of way over our client's land by increased traffic to a proposed caravan site. Successfully defeated; and
- Acting for owners of commercial land who sought to register a right of way over a lane leading from their land to the high street. The matter was strenuously opposed and resulted in a hearing before the Property Chamber Tribunal. The Tribunal decided in our clients’ favour and ordered the Land Registry to register the right of way.