Right of Way law is complicated so this website has been put together to help you with various aspects of Rights of Way Law and Land Law in the UK. We cover the following things and much more too so have a good look around.
- Unregistered Land issues
- Who Owns Britain?
- Empty property information
- Land registry information …. and much more
Maybe you typed in Land Right of Way Law to get to this site but what exactly is a Right of Way and how are land laws effected by it?
A right of way is a privilege of someone to pass over land belonging to someone else, that’s it in layman’s terms. If you are looking to see if a piece of land has a right of way on it the simplest way is to order a Title Register. A right-of-way is a strip of land that is granted, through an easement or other mechanism, for transportation purposes, such as for a rail line or highway.
So can you acquire a right of way through long term use? This applies both ways, if you have been openly using a footpath over someone else’s land, or vice-versa, for 20 years or more, the law will grant them a legal right to continue that use, the right will be binding on the current and all future land owners and they will have no right to stop that use. Legally, a public right of way is part of the Queen’s highway and subject to the same protection in law as all other highways, including trunk roads. It is your legal right to be able to pass along a right of way, you are also entitled to stop and rest along as you cause no obstruction and you are entitled to take your dog although you must make sure it is on a lead at all times. The council that has principal responsibility for rights of way in a particular area, known as the highway authority, is either the county council or the unitary authority. It is illegal to plough up or deface the surface of a right of way and should not be done. As you can see Right of Way law is a complicated matter.
There are rights of way law in Scotland but they are less extensive than in England and Wales because there has been a tradition of access to land.
Owners of servient tenements are sometimes aggrieved when there is a dramatic increase in the traffic using the right of way across their land. They may take Court action pleading excessive user, ie. That a higher level of use than permitted has taken place. Such action is almost certainly doomed to failure because, whilst other limits may be in place on the right of way, there is usually no limit on the number of times in a given period that the dominant tenement may use the right of way.
For more information you could try FinderMonkey.co.uk who specialise in finding owners of land and People Finder services.
Good luck with your issues relating to Right of Way Law