Rights Of Way Solicitors

What is a Right Of Way, what is an Easement?

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A Right of Way for access or egress relating to land is just one example of a class of rights known as Easements, but it is a type of easement that affects many land holdings.

Examples of other Easements are:-

  1. A right to enter an adjoining land to repair an outside wall
  2. A right to discharge rainwater
  3. A right to enter neighbouring land to draw water
  4. A right to receive light to a Building
  5. A right of support from land or from buildings

There are many more but less obvious examples.

Normally, a person can do what they wish with land which they own, but this is subject to general law i.e. restrictions under legislation such as the Town & Country Planning Acts, Environmental Legislation etc.

An Easement is valuable because once it is granted or established it gives the person equivalent rights to that of the owner of the land over which it is exercised.

Thus the owner of the land which has the benefit of the easement (the dominant tenement) can compel the owner of the land which is subject to the easement (the servient tenement) to allow the use of the servient tenement for the purpose of which the easement exists.

Such rights cannot be easily removed and may well substantially curtail what a landowner could normally do with his own land.

Rights of way and other easements are therefore vitally important. This is a complex area of law where sound legal knowledge is essential.

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