The need to protect the rights that go with your home and surrounding property was highlighted in a recent case before the Court of Appeal.

It involved two neighbouring properties and a dispute over a right of way.

The owners of the first property had been granted an easement, that is, a right of way to walk along a pathway on his neighbour’s land.

However, the neighbour later blocked off the route and built a parking space on it making it unusable as a pathway. The owner of the first property did not object and did nothing to enforce his right of way.

Both properties were then sold. The new owner of the first property then sought to reinstate the right of way and prevent any car parking.

The court ruled against him however because the previous owner had not taken any steps to protect his rights.

That decision was upheld by the Court of Appeal which held that the previous owner’s acceptance of the removal of the pathway amounted to an acceptance that the parking space could stay and the right of way no longer applied.

Please contact us if you would like more information about the issues raised in this article.