What is a private right of way?
An easement or right of way is a contract made between parties to give an individual, a company, a council or other authority (grantee) the right to use a landowner’s property (grantor) for a particular purpose. Most easements are registered on the title of the property and remain as the land is bought and sold.
Do I have to allow my Neighbour access to my property?
Generally speaking, unless under specific circumstances, accessing your neighbours land without their permission is trespassing. Our advice is to always approach your neighbour first before accessing their property.
What is a right of way on a property?
A right of way is a specific easement granting access to a property over one or more privately owned property. It’s commonly described in deeds as providing ingress, egress, and regress from a property, across the land of one or more other properties, to a publically accessible road.
Why is it important to know right of way?
Easements and rights of way are often vital to a person being able to access and use their land. It is important to fully understand what easements benefit or burden your land before entering into a sale contract or development agreement as these will govern access to, or over, your land.
Can a land locked property have a right of way?
This is very common with land locked pieces of property that have no frontage on a road. So my friend owns a piece of land that has no frontage to the nearest road. However, she does have a deeded right-of-way or easement across her neighbors land that grants her access from the public road to her property.
Can a public right of way be established over private land?
Public Rights of Way over Private Land – Landowners Beware! A public right of way can be established over privately owned land which can have serious implications for land owners in terms of their own legal rights and liability to members of the public.
A right of way is a specific easement granting access to a property over one or more privately owned property. It’s commonly described in deeds as providing ingress, egress, and regress from a property, across the land of one or more other properties, to a publically accessible road.
This is very common with land locked pieces of property that have no frontage on a road. So my friend owns a piece of land that has no frontage to the nearest road. However, she does have a deeded right-of-way or easement across her neighbors land that grants her access from the public road to her property.
Public Rights of Way over Private Land – Landowners Beware! A public right of way can be established over privately owned land which can have serious implications for land owners in terms of their own legal rights and liability to members of the public.
Easements and rights of way are often vital to a person being able to access and use their land. It is important to fully understand what easements benefit or burden your land before entering into a sale contract or development agreement as these will govern access to, or over, your land.