EASEMENTS AND RIGHTS OF WAY OVER LAND | BlackBeltBarrister

[@andykrykant5378]

A common problem is where a neighbours property has the benefit of a right of way over a small part of your property, for instance to get to their garage or back door, but the neighbour becomes convinced that they actually own that part of your property and can do anything they like with it.

[@babaganoush6106]

too right!

[@leathleyg5995]

Yeah, tell me about it. They think "access" means "parking"...grrr..!

[@openyoureyes4326]

​@@leathleyg5995what about the other way around, I have access over my neighbours land at all times with or without a vehicle and for all purposes. But she parks on it and restricts my access is that right?

[@openyoureyes4326]

Hello, my house is off a narrow private road and my neighbour owns the part Infront of their house up to my only access gate, they park on this road and constantly making it difficult for me to get on/ off my drive, sometimes I have to ask them to please move their vehicle. My house has the benefit of a right of way at all times and for all purposes with or without vehicles over the whole extent of the roadway. Am I right in thinking that because my house comes with access over the whole of this road, my neighbour shouldn't be parking on it and restricting my access in such a negative way?

[@leathleyg5995]

@@openyoureyes4326 No she can't, if you actually have a "right" recorded in the deeds or Land Registry entry. But, I would suspect you have a "right of way". That means you will have unobstructed access to YOUR property. What it won't allow you to do is, things like :- park a car, store a caravan or trailer, let off fireworks, place a skip, play football, mend cars etc. The right is (usually) to "pass and repass" to gain access to your own property, not have use of someone else's land for leisure or other activities. The only time she can block it, is for reasonable maintenance, otherwise she is obstructing your right. She can place gates but must give you a key and you are not obliged to lock them afterwards. If she parks in a way that prevents you exercising your right of access - GATHER EVIDENCE.....photos, cctv, log dates, times, and conversations.

[@elkoposo686]

"Enjoyment of Land". A rare experience, in these times!

[@Urge38]

It's a shame there is no longer legal aid, I am being bullied (as I am the little man with no money) I have a right of way on my properties deed, with no restriction applied, the servient land owner is taking advantage of my position and has fitted a combination lock to my only means off access, whilst I have the code, my visitors are now not able to visit me as they are prevented from doing so because they don't have the lock code

[@juliecrowe5252]

Sometimes, your home insurance will fund it , you need to check with them . Also, you could well be awarded costs and compensation

[@clickbaitfishing7787]

Thank you for sharing your knowledge.

[@BlackBeltBarrister]

🙏

[@ajithsidhu7183]

@@BlackBeltBarrister more on property sir

[@MartiBlagborough]

This is a super interesting one for me, as I spend lots of my time making videos in placed that I believe I have the right of access.

[@burkemiller9476]

Land surveyor in training here. Thanks for covering this topic

[@stevebrand1619]

Can you do a video on private roads we have a growing number of new developments in my town that have private road signs at the roads entry these all appear to be cul de sacs thankyou love your videos.

[@uppyraptor49]

Brilliant analasis of my win!

[@user-1500HP]

There is a small alley behind my home and many of my neighbours, it is typically used as rear garage access for all the properties that back onto the alley. The other side of the alley is used in a similar way by the residents of a street that runs parallel to mine, our gardens both back onto this alley. So when you walk down the alley from the street you see peoples garages on the left and right side. This is until to get 100 m down the alley and to where my property is (on the right side). Here The neighbour from the parallel running street (left side) has erected a locked metal 7ft high gate and fence to block off the alley completely, and also put up a similar fence further where the alley continues past his property. He has in effect enclosed the entire alley that goes behind his back garden and has now included it as part of his garden. I recently bought my property, and when I discovered his gate blocking the alley, I asked him to remove the gate. He refused and said it has been there since 2013 when he bought the house. At the land registry I checked the title deeds. They show that there is an easement for right of access to the alley for properties that back onto the alley, additionally my property boundary is shown to extend so that it extends several feet out into the alley all the way the alley and my property boundary run sideby side. I spoke to a local solicitor who said i have very little recourse to get the gate taken down even though the neighbour is blocking right of way and is trespassing on the part of the alley that is owned by me by erecting a fence to enclose the entire alley which backs onto his and my gardens. Please can you advise on my legal chances to get this gate and enclosure removed ?

[@elkoposo686]

Bulldozers are effective when 'Laws' fail. Just say'n.

[@edeledeledel5490]

@@elkoposo686 My thought exactly - let him try to use the law to get recourse. I don't think he will get much sympathy. Unless, of course, he is a local Tory politician, a policeman, or a member of the judiciary.

[@SchubertDipDab]

I'm facing a similar issue so you have my sympathies - I can't believe how selfish and entitled some people are. Currently hoping ADR will solve this issue. Knocking it down could leave you open to accusations of criminal damage, that's the advice I've had. Hope you got it sorted!

[@giddygrub7176]

That alley may be a fire escape; worth checking.

[@user-pi2wd4yl5p]

​@@giddygrub7176or critical rear access for a fire engine

[@flibbertigibbet6324]

I would like to research deeper into how an "easement by contract" might be formed. If a plot of building land is sold together with a future dated sewage drain installation across neighbouring land that is also owned by the plot seller, does that create an easement by contract to use the drain in future years once installed?

[@tonystrange7224]

I studied a little law as a post graduate. Often wish I'd studied it full time. About the only case I can remember now is Shoe Lane Parking which was a contractual case 're a car park. Though I'm sure you know that. Anyway so glad I found you. I'm really going to enjoy learning some snippets of law agian. Thank you Sir.

[@BlackBeltBarrister]

Thanks for the comments and watching!

[@Thegrumpycoach]

I guess exclusion clauses and automated acceptance, tickle's our Black Belt Barrister.

[@Mr.Therapist1]

I need a consultation with you please!

[@norristhom]

"I'm not going to get in to that too much in this video because that does wander of track slightly..." Which could be trespass...

[@syncrosimon]

Thank you 👍👍🇬🇧🇬🇧

[@BlackBeltBarrister]

Thanks for watching!

[@Arcticnick]

Living in Sweden's Lappland, in the wilderness - the local airport instructor school used my farm house as a navigation point. I complained to the airport manager and the planes swooped actually just over the roof. Repeatedly.

[@Arcticnick]

I very much like the flowers too.

[@edeledeledel5490]

Buy a shotgun.

[@fredbeverton553]

Love your bouquet and your channel really interesting

[@BlackBeltBarrister]

Thank you so much!

[@saulhanson8801]

Great videos top man always watching them would be great if you could make one on private company parking notices, and how to deal with them they just a night mare in our society thanks

[@NicholasWoodley]

I live near HS2 and signs have gone up saying that right of access has been removed. When the works are completed will this right be restored?

[@fergusdangerfield156]

Heavy stuff, but fascinating nonetheless thank you x.

[@x66Hawk66x]

How would easements apply when none exists in the case of trying to take adverse possession of a piece of land loacked land? if it possible for an AP to achieve possession, when they cannot legally reach the land?

[@kimwilliamson7880]

If deed holders own the airspace immediately over their property can ordinance that allows “recreational fires” be challenged as an illegal taking because the fires create toxic smoke that impairs the use and enjoyment of neighboring property owners to the use of their property?

[@srothwell9472]

I own a flat built in the 60s when the flats where built a car park was built with them, unfortunately the car park is being used by people who dont live here as its accessible by the road and is a Highway, in my lease it states i have an easement to use the car park but unfortunately due to People around the area using it as well most of the time there are no spaces as im the only one who has a lease with an easement over the land ie car park surely i take priority

[@aaaggg7311]

Thanks for the great video. What’s your take on signage advertising for businesses being placed on adjacent land? Is this a bit of a grey area?

[@wildmanofborneo]

Can a lien be placed on a property whose fence encroaches into a recorded easement? Or how can the easement be enforced to require removal of the fence?

[@michaelgarner9816]

What happens if the owner of the servient piece of land were to buy the property that had the benefit of the easement, would the easement become void?

[@inregionecaecorum]

I am watching this to see how much I already know, so I will not comment further until I have heard you through.

[@inregionecaecorum]

Okay, I do not know the terminology or technicalities but am interested in how things relate to my being in adverse possession of a tract of land. I know that a sewer runs under the land and there are two manholes on it, therefore I assume that the Water Authority has a right to access the land for the maintenance of the sewer although to my certain knowlege this has never happened and I suspect that like the Council they don't even know how to get onto the land. There is also a pipe running across it to the river, that has been installed by a trespasser to water his tomatoes, he trespasses on that land every so often to attach a pump, it would be as hard for me to stop him doing that, as it would for the Council to repossess the land off me and like the Council with regard to myself, it is not really in my interests to stop him. More importantly though, the only access I have to the land myself is through a plot I rent, and I guess the road to that is an "easement" enjoyed by all other renters of plots (myself actually being the guy who is responsible for letting them out currently, which is another story) I have seen the lease for the allotments, and there is some stuff on that about access to neighbouring land should the Council require it. Since I have taken over a part of that land for my own enjoyment I don't know if I could enforce that right if I were to gain title to the land and it is not something I would want to argue in court. The reason why I did take on the land was because I assumed that I had the right to go on it, to maintain the border fences and to cut back the neglected vegetation that was interfering with my enjoyment of the plot I rent, and now as I have overall currently responsibility for the site as a whole, I tell the other tenants I have the right to do that. The only person to dispute that right was the owner or tenant (not sure which) of a piece of land that has a border with my claim who complained to the Council about it. The advice I recieved from the Council was to go easy because I had a responsibility not only for myself but to the site as a whole and an individual dispute would not be conducive to the good relationship between neighbours. Anyway the neighbours cattle have since wandered onto "my" land so like six of one and half a dozen of the other I guess. What I don't know too much about is the situation with regard to the river. I believe I have an absolute right within current planning and zoning laws to keep the land I occupy in good order, to secure the fences, to erect a temporary building (to whit a shed) for the storage of "stuff" I use to assist in my project of looking after the trees I have planted there over the previous two years. I do not know if I am allowed to cross the river to cut back overhanging branches on the other side, which are in danger of causing obstructions to the river. I don't know if I am allowed to establish possession of a further small tract of land on the far side of the river which is even less accessible than my present claim, but what the heck, I am going there to plant more trees regardless. I have joked with members of the Council that I may need to build a bridge, but I am not sure whether they take that a bit more seriously than I intend, as I will invest in a good pair of waders before I do that. It is all from the students point of view a fascinating case study of the law in action. I don't actually know if that bit of land is formally registered, I rather suspect it might not be, all I know is that it was once green belt and was taken out of green belt in the last City plan (something that happened before my interest) and that there are restrictions on the land currently preventing developers from building on it. (sheds notwithstanding). I guess in a couple of years time I should write a book about all of this, Guardian readers would love it.

[@bigdc9092]

I've got a question for you. My neighbor has a -right of way- on my driveway. I am starting to put up a fence and 2 gates. 1 gate is to enter into the rest of my property and the other is about 50 ft past the first one. So he is able to enter into the back part of his land. Am I within my rights to put up the fence and gates? They arent stopping him from entering the back side of his property. It's just stopping foot traffic and other cars that arent granted permission. Plus keeping my animals in my yard.

[@clivebunt2766]

How to find out what type of easement is on a Deed of Partition? Many Thanks Clive

[@boyking1111]

Can a dominant owner change a gate of a private road and not give a key to those that have a right of way?

[@cdgirl87]

thanks, really interesting

[@BlackBeltBarrister]

Glad you think so!

[@KentReynolds]

very well explained

[@BlackBeltBarrister]

Thank you!

[@Jefferyvarian]

What if the owner of a private road cannot be found/lost over time, is it a bad idea to buy property which needs access, (absence of easement)

[@Rebecca_Baxter]

Oh, where were you seventeen years ago when my barrister completely messed up and I ended up losing the ability to even wash my car on my own driveway because of a 'stolen' easement and the fact that I would now be obstructing my neighbours access to her back garden?

[@user-gz8iy1qy6u]

hi i have a piece of land that abuts a private carriage road sometimes called an occupation road , every thing i read says these are for access to land they lead to and abut but do i have a legal right to use this road the land reg say this is not a legal easement

[@terenceherming1838]

I read about a man who moved into an abandoned house, nobody ever said anything to him and so after 12 years he got title. 12 years is 'cured'.

[@BlackBeltBarrister]

Separate issue but I will cover it!

[@zulfiyapulatova3061]

Do you believe there should be fixed list of easements that can be created on the future?

[@architectpage7275]

hi have you done one on stopping on a river bank in a sleep aboard boat?

[@magichookscrochet8885]

A public right of way has been closed and fenced off and they have moved the right of way to in my opinion is now a danger. Instead of cutting across a main road from the right of way which crossed a set of cricket fields we now have to walk a long a short stretch of busy road to access an ECP the houses that back on to the field essentially now have a public alleyway at the back of them!

[@thewizzard3150]

What if 2 pieces of land are married does that change the relationship between the two pieces of land? Can land be divorced?

[@2e1paw]

Hi , We have a back garden gate which opens up onto a housing association (turning circle) road . Can you tell me if we are aloud to step out of our property using the gate onto this road ? The tenants which live on the road say we cant use the road to walk on .... no cars are in use by us on this road .

[@DMills-un1tl]

With that accent, I have to ask, are these laws in the U.S. or the U.K.?

[@Felix-rising]

This is all very well , but what had you done that you had to buy that big bouquet ? 😂

[@istvanotvos6254]

Hi would you provide writing a letter service to someone I'm in dispute with?

[@rosaliegordon-nzesi306]

How do find out who owns a rear access to a property?

[@Ian-po6gg]

Is not land ultimately "owned" by the Crown?

[@pcobra5427]

I have cows and there is a gate on both ends of my property that they have to open and close every time they go through. Can they make me fence off my land so they don’t have to open these gates.

[@protect7803]

Let's just take a minute and think and put yourself in their shoes (1) getting in and out to open gates in all weather for their benefit (2) cows laying down on the row and not moving blocking a row for ambiwlans/ fire engine maybe (3) cow shit around the area you open gates and on car tires (4) dangers of cows calfing bull maybe? (5)worry for your visitors / grand parents etc Benefits to you the owner You will have 2 fields instead of 1

[@mohammedkadir7223]

I got woodland land around 10 acres , and council is not allowing me to put static caravan there because it has TPO On, is that any chance that I can use your services and advice me what could I do?

[@GMBasix]

I assume that you have been declined planning permission, which covers development on, and use of, land. The TPO (tree preservation order) applies to a tree or group of trees, and perhaps the caravan risks those trees. I imagine there are more reasons for declining, because a static caravan can usually be positioned to avoid damaging a single tree. The land may be green belt, have a conservation designation, or otherwise be allocated in such a way in the local plan that makes a static caravan inappropriate. The Caravan Act makes some exceptions. There is lots more to it, and your best approach (not to discount BBB’s learned brilliance), if you have not already done so, is to approach a planning agent who deals with rural development. Or accept the Local Planning Authority’s judgement.

[@1414141x]

What are your views on the 'possession' of land to the detriment of other people. Humans were not born to owning land. Somewhere in our past someone came up with the idea of claiming the ownership of some land, and they probably ended up fighting other peope off it. Since them our Royalty have owned it and used it for power and influence. Now we are in the situation where land is so sought after and expensive that poorer people cannot afford to live on it. Is this morally right ?

[@beaulieuonnp593]

Can you tell me how much space I can have for a right of way to my house. I have to walk across a right of way to my garden. My neighbour parks her car in the middle of the path and leaving very little room on either side for me to get though with a wheelbarrow or without. She blocks it occasionally so is it substantial inconvenience? Also can a right of way allow any visitors to my house or should I need to get permission from her as she owns the land the right of way is on, I need to have a roofer to fix my hole in my roof and can she refuse me having a roofer to get to my house roof so I can't fix it and the house will fall down because they cant put the scaffolding up etc

[@josmooth896]

I have been to court with the council over access to my land; I was informed you should still have sane access in the past, so if you could get access for builders in the past or park a car you should be fine. One thing I have learned is if she want to dispute she will need to take to court and she will need deep pockets, 100 of thousands are at stake, in my case the council backed of …..

[@Pilltechre]

You have a right to access when required for repairing and maintenance of your property.

[@beaulieuonnp593]

@@Pilltechre great thanks

[@changeagent228]

What airspace distance is defined as "immediately above" that is controlled by the owner?

[@BlackBeltBarrister]

we're talking a few feet above the highest point of the property

[@changeagent228]

@@BlackBeltBarrister Thanks for the clarification.

[@NextGenerationInvestBangladesh]

Thank you

[@barneybiggles]

How deep is my land, is it to the centre of the earth? I think companies can mine under your land.

[@inregionecaecorum]

They might even be doing it already, check your local planning map.

[@darren25061965]

When I bought my property from the local authority many years ago, they retained the mineral rights. Not a problem in my opinion, they own the street and still own a few properties on it. If they want to sink a shaft to get to the earths riches, which I doubt are there, they can use their own properties.

[@zylfikupa3782]

Can I please get in touch with you?

[@peakfreak01]

Could an easement be created in riparian case. In that a person wants to access/egress a watercourse from/to a public road over a piece of farmers field for example? I feel that it is unlikely but this sounds an interesting argument for the Rivers Access Campaign that has rumbled on for many a year. I'd be more inclined to think that it would open a proverbial can of wiggly things though. :-D As always another really good video. Ta muchly.

[@BlackBeltBarrister]

It probably depends on the necessity or other enshrined right!

[@peakfreak01]

@@BlackBeltBarrister Truly a barristers answer if ever I saw one. 😆 It is without doubt a very complex subject when it comes to riparian ownership and not one for YouToob. In the unlikely event we should ever cross paths in a public house, we can discuss the matter over a beverage or two. Until then take care and keep the quality coming 👌

[@BlackBeltBarrister]

@@peakfreak01 That would be my eternal pleasure and I shall take you up on it at the first opportune moment!

[@paulfranks195]

And a virtual tipple from me too. Many thanks.

[@inregionecaecorum]

@@peakfreak01 I guess that riparian access and rights complicates everything, I suspect it is the one thing that might prevent me from taking title to the land I occupy, however title is not the same as possession, what I do know is from previous experience and contact that the water authority cannot be any more arsed than the titular owner of the land to do much maintenance and pass the buck from one to another when it comes to spending money on contractors.

[@ukbob]

Hiya, found your channel few weeks ago and very interesting, this is a kind of question over right of way. Brighton, Manchester Pride events close of roads, streets and payments around shops pubs etc, makes good for security, they also charge to enter these areas, I have read in many forums that you don't have to pay as these are public right of ways, is this true? many thanks for you channels.

[@uppyraptor49]

I won a fantastic battle with a country park, i got 4 books out of a library and with the help of a solicitor he gave me 2 laws to follow i kicked their ass🤣

[@zylfikupa3782]

Hi, would you be able to help me out on how did you achive that?

[@uppyraptor49]

@@zylfikupa3782 cant remember the laws but i bought an house of a solicitor, very nice man in 1995, it was about easements and rights of way, he said keep these close you might need them one day. The drive at the back of me was half owned by a country park and they said they wanted £250 a year to use it but it was the only way to the back of the property so it was classed as an easement & they could not do a thing about it. So i got these 4 books out of the library and studied easements and rights of way, also they had half the land of my garden area, in the end they said i would have to go to court to prove i had a right of way? My answer back was NO! you will have to prove i dont at that point, i decided to go to the chair of the committee she came round and knew nothing about it i then told her what was happening. The next day they settled £100 for life for the garden and could do nothing about the easement!

[@uppyraptor49]

@@zylfikupa3782 blackbelt barrister explains it very well

[@uppyraptor49]

@@zylfikupa3782 section 1 of the 1925 property act brings back a memory

[@uppyraptor49]

Also section 62 of the 1925 law of property act was part of it, it was the only way to access my land?

[@edeledeledel5490]

If I require easement, I just use the facilities in my house.

[@beeble2003]

The constant zooming in and out makes this really hard to watch. Thankfully, the audio more or less stands on its own.