EASEMENTS AND RIGHTS OF WAY OVER LAND | BlackBeltBarrister

This is a discussion of easements and rights of way over land by barrister Daniel ShenSmith. If you want to learn about land law, easements, rights of way, this should help you. When you are a law student or member of the public, I hope you find it useful.

References:
Cases
Adealon International Proprietary Ltd v Merton LBC [2007] 1 WLR 1604
Bernstein v Skyviews & General Ltd [1977] EWHC QB 1
Borman v Griffiths [1930] 1 Ch 493 at p. 499
Colls v Home & Colonial Stores Ltd [1904] AC 179
Copeland v Greenhalf [1952] 1 Ch 488
Green v Ashco Horticultural Ltd [1966] 1 WLR 889
Hill v Tupper (1863) 2 Hurl & C 121
Liverpool City Council v Irwin [1977] AC 239
P & S Platt Ltd v Crouch [2004] 1 P&CR 18
Re Ellenborough Park [1956] Ch 131
Wall v Collins [2007] Ch 390
Wheeler v J. J. Saunders Ltd [1996] Ch 19
Wright v Macadam [1949] 2 KB 744

Legislation
Law of Property Act 1925 cc1, 62, 205
Law of Property (Miscellaneous Provisions) Act 1989, cc2, 52

References
Gray, K. and Gray, S. F. (1998) ‘The idea of property in land’, Land law: Themes and perspectives, OUP:
Oxford University Press (2016) Equity, Trusts & Land Law, Oxford, Oxford University Press.

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[elkoposo]

"Enjoyment of Land". A rare experience, in these times!

[andykrykant]

A common problem is where a neighbours property has the benefit of a right of way over a small part of your property, for instance to get to their garage or back door, but the neighbour becomes convinced that they actually own that part of your property and can do anything they like with it.

[burkemiller]

Land surveyor in training here. Thanks for covering this topic

[Urge]

It's a shame there is no longer legal aid, I am being bullied (as I am the little man with no money) I have a right of way on my properties deed, with no restriction applied, the servient land owner is taking advantage of my position and has fitted a combination lock to my only means off access, whilst I have the code, my visitors are now not able to visit me as they are prevented from doing so because they don't have the lock code

[PhilDotC]

I enjoy your videos and subscribe but I just found this older video while searching for advice with regard to a charity my wife is the Clerk for. It was founded in the 1600s after land was left in a will for the benefit of the needy of my village and two other local villages. The proceeds from renting the land to a local farmer has been distributed for the past 400 odd years to the needy in local villages. Access to the land is across land that was previously owned by the church (locally known as the Glebe Land). In 2018 the church sold that land to a farmer. The Trustees of the charity are now in the process of trying to officially registering the chartity land (it has never been registered) with the land registry but have run into a problem. The new owner of the Glebe land is denying that the trust, or their tenant, have a right of access with vehicles to the charity land. At one stage they even tried to claim that the Trust did not own the land (because it was not registered). They are local born and bred so in reality they will be well aware of the Luke Jackson Trust.

Apparently if the land is registered without this noted then the charity will no longer be able to make use of the land and will probably have to sell it and only one party will be interested! The Trustees cannot find any deeds showing a right of access, the only document is a copy of the will held in parliamentary records. What they do have are letters from a farmers in the 1920s asking if he could rent the land as he already rented the Glebe Land and was aware of the access across it. I am sure the new owner is aware that the Trust have very little funds and his lawyers have indicated that he is prepared to take a case to court if necessary to stop the Trust having continued access. He has just sold a large parcel of land for expansion of a warehousing/distribution park so has a very large war chest. My question is are you aware of any legal charities that help other charities to fight their corner in situations like this?

[MartiBlagborough]

This is a super interesting one for me, as I spend lots of my time making videos in placed that I believe I have the right of access.

[flibbertigibbet]

I would like to research deeper into how an "easement by contract" might be formed. If a plot of building land is sold together with a future dated sewage drain installation across neighbouring land that is also owned by the plot seller, does that create an easement by contract to use the drain in future years once installed?

[HP]

There is a small alley behind my home and many of my neighbours, it is typically used as rear garage access for all the properties that back onto the alley. The other side of the alley is used in a similar way by the residents of a street that runs parallel to mine, our gardens both back onto this alley. So when you walk down the alley from the street you see peoples garages on the left and right side. This is until to get 100 m down the alley and to where my property is (on the right side). Here The neighbour from the parallel running street (left side) has erected a locked metal 7ft high gate and fence to block off the alley completely, and also put up a similar fence further where the alley continues past his property. He has in effect enclosed the entire alley that goes behind his back garden and has now included it as part of his garden. I recently bought my property, and when I discovered his gate blocking the alley, I asked him to remove the gate. He refused and said it has been there since 2013 when he bought the house. At the land registry I checked the title deeds. They show that there is an easement for right of access to the alley for properties that back onto the alley, additionally my property boundary is shown to extend so that it extends several feet out into the alley all the way the alley and my property boundary run sideby side. I spoke to a local solicitor who said i have very little recourse to get the gate taken down even though the neighbour is blocking right of way and is trespassing on the part of the alley that is owned by me by erecting a fence to enclose the entire alley which backs onto his and my gardens. Please can you advise on my legal chances to get this gate and enclosure removed ?

[tonystrange]

I studied a little law as a post graduate. Often wish I'd studied it full time. About the only case I can remember now is Shoe Lane Parking which was a contractual case 're a car park. Though I'm sure you know that. Anyway so glad I found you. I'm really going to enjoy learning some snippets of law agian. Thank you Sir.

[georgeliquor]

A friend of mine has a right of way foot path running down the middle of his driveway, he is not happy about this as it is a health and safety risk

[norristhom]

"I'm not going to get in to that too much in this video because that does wander of track slightly..."

Which could be trespass...

[NicholasWoodley]

I live near HS2 and signs have gone up saying that right of access has been removed. When the works are completed will this right be restored?

[xHawkx]

How would easements apply when none exists in the case of trying to take adverse possession of a piece of land loacked land? if it possible for an AP to achieve possession, when they cannot legally reach the land?

[wildmanofborneo]

Can a lien be placed on a property whose fence encroaches into a recorded easement? Or how can the easement be enforced to require removal of the fence?

[kimwilliamson]

If deed holders own the airspace immediately over their property can ordinance that allows “recreational fires” be challenged as an illegal taking because the fires create toxic smoke that impairs the use and enjoyment of neighboring property owners to the use of their property?

[Arcticnick]

Living in Sweden's Lappland, in the wilderness - the local airport instructor school used my farm house as a navigation point. I complained to the airport manager and the planes swooped actually just over the roof. Repeatedly.

[aaaggg]

Thanks for the great video. What’s your take on signage advertising for businesses being placed on adjacent land? Is this a bit of a grey area?

[clivebunt]

How to find out what type of easement is on a Deed of Partition? Many Thanks Clive

[michaelgarner]

What happens if the owner of the servient piece of land were to buy the property that had the benefit of the easement, would the easement become void?

[bigdc]

I've got a question for you. My neighbor has a -right of way- on my driveway. I am starting to put up a fence and 2 gates. 1 gate is to enter into the rest of my property and the other is about 50 ft past the first one. So he is able to enter into the back part of his land.
Am I within my rights to put up the fence and gates? They arent stopping him from entering the back side of his property. It's just stopping foot traffic and other cars that arent granted permission. Plus keeping my animals in my yard.