In very simple terms an easement is some right which a person has over land which is not his own.
The easement that most frequently arises in practice is a right of way which is a classs of easement which allows the person entitled to the right to pass and repass over the land of another person.
In such cases the right may be an express right of way contained in a Deed; in other cases details of the right of way may not appear in any legal document but may have their origin by implication or may have been acquired by long use.
A right of way may exist only for limited purposes or may confer a wide range of use.
When considering whether a right of way is valid it is always helpful to be able to refer to a legal document which, if correctly drawn, will, set out the exact nature of the rights. Where no such document exists this does not mean that the right does not exist but makes the right more difficult to establish with precision.
The law relating to easements and rights of way can be complex but if you have an enquiry on this subject some discussion to outline your problem is always welcome. We may need to interpret legal documents - and would need to see these documents in order to advise you.
Please complete the contact form or telephone and our specialist team will get back to you.