An easement right is a proprietary right that is enjoyed over another piece of land owned by a different person.
Common examples include private rights of way, rights to light, and rights to use pipes and drains.
For a right to be classed as an easement, the right must benefit land and must not be personal to the owner of the relevant land.
Easements can be created in a number of ways including but not limited to:
Disputes can arise in relation to:
You should never assume that you have a right to do something on someone else's land simply because you have been doing it for a prolonged period of time and nobody has taken issue with it.
Easement right disputes can detrimentally affect the value of a property and deter potential buyers. Therefore, when these do arise, it is important to seek legal advice to achieve swift resolution. Timing is critical particularly where there is an argument that an easement has arisen by prescription.
The team's real strength lies in the fact that everyone takes a very commercial approach towards litigation, realising that sometimes a good settlement may be worth more to a client than a judgment from a court.