Rights of Way

Private Rights of Way Disputes

A right of way is the right of pass over property belonging to another person. A public right of way exists for the benefit of the public at large, whereas a private right of way exists for the benefit of an adjoining land owner only. Sometimes private and public rights of way may coexist, i.e. share the same path, but this is quite unusual.

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Public Rights of Way

A Public right of way affects the general citizenship as opposed to adjoining land owners who may benefit or be burdened by a private right of way. Because so many citizens can be involved in public rights of way disputes, the issues may be far wider than with private rights of way.

In the case of a public right of way a member of the public may pass along it at any time of his choosing. The right will be restricted according to the type of right of way it is, e.g. a footpath is limited to its use by foot only.

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Rights of Way over Neighbour's Land

Easements

Private rights of way are easements, which are rights to use your neighbour's property in a specified way. Other types of easements relate to rights of light and air, rights of access, and rights of support.

The search consists of the following documents:

  • Title Register and Title Plan for the land having the benefit of the Right of Way
  • Title Register and Title Plan for the land having the burden of the Right of Way
  • Conveyancing Deeds and Deed Plans for each of the above properties
  • Lease and Lease Plan for one of the properties, if applicable
  • Neighbourhood Environment Report with Rights of Way Map
  • CROW Map

In the case of a public right of way a member of the public may pass along it at any time of his choosing. The right will be restricted according to the type of right of way it is, e.g. a footpath is limited to its use by foot only.

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Easements Rights of Way

An easement is a right possessed by one person over an adjoining parcel of land owned by his neighbour. Easements usually relate to rights of way, rights of access, rights of light and rights of support. Less common easements include rights to park a vehicle on your neighbour's land and the right to use a neighbour's outside lavatory.

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