Private Rights of Way

Private Rights of Way are a form of easement enjoyed by one owner of land over land in the ownership of another. They may be created by agreement or arise from long use. Serious practical issues frequently arise, such as for example:

• legal enforceability, particularly where ownership has changed;
• the purpose for which the way can be used;
• the type of vehicles allowed;
• whether the way is for vehicles or foot traffic only;
• rights of parking;
• access control;
• obstructions; and
• repair responsibilities

This new work sets out the law and practice relating to the creation, acquisition, maintenance, extinguishment, and remedies for wrongful interference with private rights of way.

In addition guidance is given on practical drafting issues, together with precedents, legal proceedings, including evidence and procedure are also covered. There is also a useful appendix examining survey methods to be taken into account when interpreting historical ordnance survey and aerial photography maps.

Private Rights of Way is essential reading for all property lawyers, surveyors and property developers.