Easements are often the centre of a dispute between neighbours.
The most common easement and the one that often has the biggest impact is a right of way. This is especially so if either one or both parties are unclear as to the extent of the right of way and the benefit or the burden of it passes to them. Examples of disputes include excessive use of, failure to maintain and failure to repair a right of way. This can have a significant impact on the value of a property and impede commercial development.
You may need legal advice about whether there has been ‘substantial interference’ with a right of way and what you can do to hold your neighbour to account. You may simply wish for the interference to stop or you may require compensation for any loss you have incurred as a direct result of the interference.
We can provide you with practical, common sense advice in relation to resolving this sort of dispute. If the dispute cannot be resolved, we can also advise you about issuing court proceedings or what you can do if you are the one being taken to court.
The ultimate solution that is sought in these types of cases is what is known as an ‘injunction’ i.e. a final decision from a Judge which compels either one or both neighbours to act, or to stop acting, in a particular way.
If you would like advice on this type of issue then please give our team a call on 0161 833 0044 or email litigation@abacus-law.co.uk
