If you are involved in a dispute regarding easement access rights, you need to speak to a legal expert about your options. A solicitor will be able to explain your rights, verifying whether they are being breached and, if so, what action you can take. At Kingsley Smith Solicitors, we are adept at solving difficult planning problems and we've always got your back.
Easement Access Rights Explained
An easement is when one party has the right to use or access another person’s neighbouring property.
The most common example of this is a driveway easement, where residents of one property have the right to use the driveway owned by another property in order to access their home or garage. Easements can also relate to pipes, cables, septic tanks and drains.
Easement access rights, also known as easement of access rights, can become a source of conflict between neighbours, and in some cases this will spiral into a full-blown dispute. This might involve:
- Arguments surrounding the costs of maintenance
- The obstruction of a right of way, such as blocking off a driveway easement
- Blocking gutters
- Preventing access for the maintenance or installation of pipes and cables
Such disputes can be very stressful for those concerned, and can even affect the price of the property. It is therefore essential to resolve the matter promptly. Find out more about general access and the Highways Act.
Driveway Easement Rights
Driveway easements are often essential to daily life, especially in urban environments. The actual rights granted through a driveway easement may vary on a case-by-case basis, but it is essential that the right benefits you as a land owner, not just personally.
Driveway easements can also sometimes develop into disputes over maintenance. Maintenance may be the responsibility of one party, both parties, or neither party, and as such it can be difficult to establish who is responsible for remedying a lapse in maintenance.
Parking your vehicles on another property gives rise to complex legal issues, concerning whether it is an easement or something else. You are recommended to take advice if you think you might have a parking easement.
Solving A Property Dispute
If you have found yourself in the midst of a dispute about easement access rights, please get in touch with us today to discuss your options.
Whether the issue relates to a driveway easement or another type of easement, we will provide professional advice, clearly explaining your legal position.
If we believe that your easement access rights are being breached, we can propose a suitable course of action, helping you to reach a positive conclusion as quickly as possible. Find out more about our other planning services.
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