An easement is a right of way over another persons land or is there to prevent the owner of other land from using his land in a particular manner.
Of course we all have rights of way over the public highways but an easement is essentially a private right of way. If access to your property is not directly onto the public highway, there may be an easement in your Title Deeds which gives you the right to pass and re-pass, with or without vehicles, over a lane or a driveway which leads to a public highway.
I have set out below some common examples:
Common disputes I deal with are the following:
In the vast majority of cases these easements cause no problems whatsoever to the properties that benefit or are affected by them. However, occasionally there can be a dispute.
I have known problems whereby a neighbour has, without warning, blocked up the gutter because they have taken exception to their neighbours rainwater running along their gutter and down a shared downspout! Prompt action with the assistance of ourselves may ensure matters are quickly and easily resolved. The first thing that I will do is cast my expert eye over your Title Deeds to see exactly what rights apply.
The problems I have outlined may amount to little more than minor irritations. Depending on the relationship you have with your neighbours, they may easily be resolved by speaking direct to them and reminding them of the actual right of way if indeed there is one at all..
Unfortunately, in some cases, disputes over rights of way can seriously affect the use and enjoyment your property, the attractiveness of that property to potential purchasers and, its value. Remember you are required to disclose any such disputes to a potential purchaser.
It is therefore extremely important that if you have any issues with neighbours you have been unable to resolve by a friendly chat, you seek my advice as soon as possible.
I always aim to resolve a situation amicably, where possible. Equally, where action is required to deal with a difficult and obstructive neighbour, I will take and guide you through the process be it through the Courts or a determination by the Adjudicator of the Land Registry. If you require any further advice or assistance on such matters please contact me Fiona Gaskell, on freephone 0800 083 0815 or by email Fiona.Gaskell@clough-willis.co.uk .