Specialist litigation solicitors – right of way, access, and property rights disputes 
Disputes about rights over land are one of the most common sources of conflict between neighbours, landowners and developers. An easement dispute often begins as relatively minor issues—such as a blocked driveway or disagreement about parking—but can quickly escalate into a serious legal dispute affecting the value and use of property.
If you are facing an easement dispute, it is important to understand your legal position at an early stage. Taking the right steps at the outset can often resolve the issue quickly and avoid costly court proceedings.
Lawyers here at Bonallack & Bishop regularly advise clients on easement disputes, including rights of way, access issues, parking rights, drainage problems and boundary-related disagreements. Our specialist property litigation team focuses on resolving disputes efficiently, with a clear emphasis on practical outcomes.
Looking for specialist advice on easement dispute. Call our expert lawyers on FREEPHONE 0800 1404544 or one of our local office numbers for FREE initial phone advice. A simple phone call may be all you need to put your mind at rest.
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What Is An Easement?
An easement is a legal right that allows one property to use another property for a specific purpose. It is a right attached to land, not to a person, which means it usually continues even when the property is sold.
In simple terms:
- One property (the “dominant land”) benefits from the right
- Another property (the “servient land”) is subject to the right
Typical examples of easements include:
- A right of way over a neighbour’s land
- A right to park a vehicle
- A right to run drainage pipes or cables
- A right of access for maintenance or repair
An easement must satisfy certain legal requirements. These were established in the case of Re Ellenborough Park, which remains the leading authority on what constitutes a valid easement.
An easement must benefit land, be capable of forming the subject matter of a grant, and exist between two identifiable pieces of land.
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Types Of Easement
Easements can arise in several different ways. Understanding how a right was created is often key to resolving a dispute.
Express Easements
These are the most straightforward type of easement. They are created by written agreement, usually contained in:
- Transfer deeds
- Conveyancing documents
- Lease agreements
They are typically recorded at HM Land Registry and clearly define the scope of the right.
Implied Easements
In some situations, easements arise automatically even if they are not written down.
This commonly happens when land is divided and certain rights are necessary for reasonable use. For example, access to a landlocked property.
The principles for implied easements are derived from case law, including Wheeldon v Burrows.
Prescriptive Easements
An easement may also arise through long use.
If a right has been exercised:
- For at least 20 years
- Without force
- Without secrecy
- Without permission
then it may become legally enforceable under the Prescription Act 1832.
This is often relevant in disputes involving informal arrangements between neighbours that have existed for many years.
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Easements And Rights Of Way – What Is The Difference?
Clients often use the terms interchangeably, but there is an important distinction.
A right of way is simply one type of easement. It specifically relates to the right to pass over land.
By contrast, easements can include a wider range of rights, such as:
- Parking
- Drainage
- Access for services
- Support and shelter
So, while every right of way is an easement, not every easement is a right of way.
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Common Types of Easement Dispute
Easement disputes arise in a wide range of situations. While every case is different, certain types of dispute occur frequently. The most common of these tend to include the following:
» Disputes with neighbours
Many easement disputes arise between neighbouring property owners. These may involve:
- Blocking a right of way
- Disputes over parking
- Arguments about how often a right can be used
- Installation of gates or barriers
These disputes can become particularly difficult where relationships have broken down.
» Easement Boundary Disputes
In some cases, the dispute is not about whether a right exists, but where it applies.
This may involve:
- The precise route of a right of way
- The extent of an access area
- Whether a right includes vehicular access or only pedestrian access
Even small differences in interpretation can have significant consequences. And that is why getting specialist legal advice is so important.
» Easement Right To Park
Parking disputes are increasingly common. Researchers shown that around 1 in 6 homeowners have argued with their neighbours over parking and a full 18% own up to placing objects (including cones or bins) to reserve on-street spaces.
Whether a right to park exists depends on the wording of the legal documents and the surrounding circumstances.
The case of Moncrieff v Jamieson confirmed that a right to park can constitute a valid easement in certain circumstances.
» Easement Right Of Access
Access disputes often arise where:
- A landowner blocks or restricts access
- New developments interfere with established routes
- The intensity of use increases
If access is essential to the use of a property, interference may give rise to a legal claim.
» Drainage And Septic Easements
Disputes involving drainage systems or septic tanks can be particularly urgent. And they are surprisingly common. You may be surprised to read that about 10% of households in England use septic tanks or similar on-site sewage treatment systems.
Common issues surrounding disputes include:
- Access for maintenance
- Damage to pipes
- Disputes about responsibility for repairs
These disputes may have environmental and health implications as well as legal consequences.
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What Is A Breach Of Easement?
A breach of easement occurs when a landowner interferes with a legal right.
The key question is whether the interference is substantial.
A landowner must not take any action that significantly interferes with the reasonable exercise of an easement.
Examples of breach include:
- Blocking a right of way with a fence or vehicle
- Building over a drainage pipe
- Preventing access to parking spaces
- Installing locked gates that restrict use
Minor inconvenience may not be enough. However, if the interference prevents the right from being used effectively, it is likely to amount to a breach.
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Breach Of Easement Remedies
Where a breach occurs, the law provides several possible remedies.
The most common remedies include:
- Injunctions – requiring the offending party to stop the interference or remove an obstruction
- Damages – compensation for financial loss
- Declarations – confirming the existence and scope of the easement
If a neighbour blocks a right of way and refuses to remove the obstruction, the court may order them to do so.
If the obstruction causes loss, such as preventing access to a property or business, damages may also be awarded.
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How To Enforce Easement Rights
Enforcing an easement usually involves a structured and evidence-based approach.
The key steps typically include:
- Reviewing title deeds and Land Registry records
- Identifying the legal basis of the easement
- Gathering evidence of use
- Sending a formal legal letter
- Attempting negotiation or mediation
- Issuing court proceedings if necessary
If a neighbour interferes with a registered easement and refuses to resolve the issue, the court may enforce the right and require the removal of any obstruction.
Lawyers here at Bonallack & Bishop regularly resolve disputes through negotiation, avoiding the need for court action wherever possible. The alternative – a fully contested court hearing, can prove very expensive, and can involve long delays which in themselves are very stressful. And the outcome of a contested court hearing is never guaranteed.
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Can Easement Rights Be Taken Away?
Easements are generally permanent rights, but they can be brought to an end in certain circumstances, in particular the following:
Release
An easement may be removed by agreement between the parties. This is often documented in a formal deed.
Abandonment
An easement may be lost if there is clear evidence that it has been intentionally abandoned.
Non-use alone is not enough. There must be a clear intention to give up the right.
Unity Of Ownership
If the same person owns both the dominant and servient land, the easement may come to an end.
Statutory Modification Or Discharge
Under section 84 of the Law of Property Act 1925, the Upper Tribunal has the power to modify or discharge certain rights.
If an easement prevents reasonable use of land or is no longer needed, it may be possible to apply for its removal.
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How Can A Right Of Way Be Lost?
A right of way can be lost, but only in limited circumstances.
It may be extinguished where:
- The parties agree to release it
- It is clearly abandoned
- It is overridden by legal order
If a right of way is not used for many years but there is no clear intention to abandon it, it is likely to continue.
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Removing Or Modifying An Easement
Removing an easement is often complex and may require specialist legal advice.
Possible routes include:
- Negotiating an agreement with the other party
- Applying to the Upper Tribunal
- Seeking a court order
If an easement interferes with development, it may be possible to argue that it should be modified or discharged.
Each case depends heavily on its specific facts and the wording of the legal documents.
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Easement Disputes And Development
Easements can have a significant impact on development projects.
For example:
- A right of way may prevent building on part of a site
- A drainage easement may restrict foundations
- Access rights may affect layout and planning
If an easement interferes with a proposed development and cannot be resolved by agreement, an application may be made to modify or remove it.
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Easement Disputes With Neighbours – Practical Steps
If you are involved in a dispute with a neighbour, it is important to take a measured approach.
You should consider:
- Avoiding confrontation or escalation
- Keeping a written record of events
- Gathering evidence, including photographs
- Reviewing legal documents carefully
- Seeking legal advice at an early stage
If a neighbour interferes with your easement rights and refuses to resolve the issue, legal action may be necessary.
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Septic Tank And Drainage Easements
Easements relating to septic tanks and drainage systems often require urgent attention.
Problems can arise where:
- Access is blocked
- Pipes are damaged or diverted
- Maintenance is prevented
If a drainage system cannot function properly due to interference, this may lead to serious consequences.
Legal action may be required to restore access and ensure proper operation.
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Your easement dispute – Why Choose Bonallack & Bishop?
Choosing the right legal team can make a significant difference to the outcome of a dispute.
Bonallack & Bishop offers:
- A specialist property litigation team – property disputes is all they do
- Extensive experience in easement disputes
- Clear, practical advice in plain English
- A focus on early resolution where possible
- Strong representation where court action is required
Solicitors at Bonallack & Bishop regularly advise clients on complex easement disputes and have a strong track record of achieving successful outcomes.
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Contact Us
If you are dealing with these kind of problems, our specialist property dispute resolution team are here to help.
Early legal advice can:
- Protect your position
- Reduce the risk of escalation
- Save time and cost
Contact Bonallack & Bishop today to speak to one of our specialist easement dispute lawyers.
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Easement Dispute Lawyers – Frequently Asked Questions
What is an easement?
An easement is a legal right allowing one property to use another for a specific purpose, such as access, parking or drainage.
What is the difference between an easement and a right of way?
A right of way is a type of easement that allows access over land. Easements also include rights such as parking and drainage.
Can a neighbour block a right of way?
A neighbour must not substantially interfere with a legal right of way. Blocking access may amount to a breach of easement.
How do you enforce an easement?
Easements are enforced through legal action if necessary, including injunctions, damages and court declarations.
Can easement rights be removed?
Easements can be removed by agreement, abandonment or legal order under the Law of Property Act 1925.
What is a breach of easement?
A breach occurs when someone interferes with a legal right, such as blocking access or preventing use.
Can a right of way be lost?
A right of way may be lost through release, abandonment or legal extinguishment, but not usually through simple non-use.
Is there a right to park as an easement?
A right to park can be an easement if it meets legal requirements, as confirmed in case law.
What should I do if I have an easement dispute?
You should seek legal advice early, gather evidence and avoid escalating the dispute unnecessarily.
Can an easement affect development?
Yes. Easements can restrict land use but may be modified or removed through legal processes.
