Easement disputes

Easement disputes can complicate property use and development, often arising from disagreements over the extent or terms of access rights.

At Moore Barlow, our solicitors are skilled in resolving these conflicts, providing comprehensive legal support to clarify easement rights and negotiate fair solutions. Whether you are dealing with issues related to access, utility lines, or shared facilities, we are here to protect your property interests.

Our approach includes thorough investigation, clear communication, and strategic negotiation to resolve easement disputes efficiently. We aim to find practical solutions that respect the rights of all parties involved while ensuring your property use is not unduly restricted. Let Moore Barlow guide you through the complexities of easement disputes and secure a favourable outcome.

Can an easement be challenged?

Yes, an easement can be challenged. Challenges may arise if there is a dispute over the validity, extent, or interpretation of the easement. Grounds for challenge could include claims that the easement was not properly established, has been abandoned, or is being misused. Legal action may be necessary to resolve such disputes.

What are easement disputes?

Easement disputes arise when there is disagreement over the rights to use part of another person’s property, typically for access or utilities, impacting property use and development.

What happens if you breach an easement?

If you breach an easement, the affected party may take legal action against you, seeking an injunction to stop the breach or claiming damages for any losses incurred. Resolving the issue promptly is crucial to avoid further legal complications.

How we can help

Easement disputes can be complex and often involve long-standing disagreements over property rights. At Moore Barlow, our skilled solicitors are well-versed in handling these disputes, providing clear and effective legal solutions tailored to your specific needs. Whether you are seeking to enforce an easement, challenge its validity, or negotiate a modification, we are here to guide you through the process.

We begin by thoroughly investigating the history and legal basis of the easement, ensuring that all relevant documents and agreements are carefully reviewed. Our goal is to resolve the dispute in a way that protects your property rights while minimising conflict and disruption. Whether through negotiation, mediation, or, if necessary, litigation, we will work tirelessly to achieve a favourable outcome for you.

Who we can help

Our easement dispute services are available to landowners, developers, businesses, and individuals facing issues related to easements. Easements can cover a variety of rights, such as rights of access, rights to run utilities across land, or rights to light. Disputes may arise over the existence, extent, or use of these rights, and can often lead to significant tension between neighbouring property owners.

We understand the importance of resolving these disputes efficiently and with as little impact as possible on your daily operations or property enjoyment. Whether you are the dominant tenement (benefiting from the easement) or the servient tenement (burdened by it), our team is equipped to help you navigate these complex legal waters.

What is breach of right of way easement?

Breach of a right of way easement occurs when the holder of the easement exceeds the rights granted or uses the easement in a manner that causes unreasonable harm or inconvenience to the property owner. This could include actions like widening the path without permission, using it for purposes not originally intended, or causing damage to the land. Such a breach may lead to legal disputes, with the property owner potentially seeking to limit or terminate the easement.

Who are easements enforceable against?

Easements are enforceable against the owner of the servient tenement, which is the property burdened by the easement. This means that the owner of the land over which the easement runs must respect the rights granted by the easement, such as allowing access or refraining from obstructing it. Easements typically bind successive owners of the servient property, meaning that future owners are also required to honour the easement unless it is legally terminated or modified.