Is a ‘right of way’ an ‘easement'?

By Sarah Oakley

Rights of way are often the centre of a dispute between neighbours. This is especially so if either one or both neighbours are unclear as to the extent of the right of way, and the benefit or the burden it passes to them.

In its basic form, an easement is ‘the right to use another person’s land for a stated purpose.’ The easement could refer to an entire property or part of it, and the ‘stated purpose’ could refer to a range of activities such as laying service pipes and cables, accessing an otherwise inaccessible property, or joining two separated properties. An easement is granted by one property owner to another and typically means the landowner granting the easement cannot build on or around it, or cannot restrict access to it.

A ‘right of way’ is an easement which allows the owner of one property to cross another, in order to access it.

The most common types of easement include:

• Express – this is usually set out in the deeds to a property
• Prescriptive – this occurs when an individual can prove they have been openly using land in a certain way for more than 20 years
• Implied grant – this typically occurs when part of a property is sold

Regardless of the circumstances, it is important to avoid confrontation over an issue regarding a right of way and to try to resolve the dispute.  Seeking expert advice will help in this regard.

For further information and advice contact Sarah Oakley on 01722 410664 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Sarah Oakley