Rights Of Way Solicitors

Proving an Easement or Right of Way - RightsOfWaySolicitors.co.uk


Proving that a right of way or other easement exists can be, hopefully, straightforward, this is usually the case where the right has been granted by a Deed and so all the terms are expressly set out in writing.

In situations where there is no written document to refer to the extent of the right of way may be very much more difficult to ascertain and will depend on other factors such as the use exercised the manner in which it has been exercised and the period over which the use has taken place.

Easements can be created from known transactions by implication and by the use of general words used in certain legal documents.

If there are no known transactions then the entitlement to an easement may still be deemed to have occurred by use or enjoyment over a recognised time and in a manner set out in law. Such an easement is said to arise by prescription.

Essentially, if a use has been continuously used for a long period of time then such use or right to use will presumed to have had a legal origin and the Courts can give validity to such use if it is called into question.

Essentially, such uses and the extent of such use are matters, which have created a wealth of case law.

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