Ownership & Rights Of Way

Ownership & Rights Of Way SOLICITORS IN READING & HENLEY

Sometimes legal issues regarding ownership, boundaries and rights of way come up between property owners, their neighbours and developers.

The most common examples are

A right of way – this is a legal right to pass over someone else’s property. There can be public rights of way across footpaths, or rights of way across private land, known as easements. Difficulties tend to arise when there are disagreements about whether a right of way exists, the extent of that right, and the obligations in relation to it.
Boundary ownership – it is not unusual for neighbours to have differing ideas about where the boundary between their property lies, especially when fences, walls or hedges are replaced or altered over the passage of time. Problems can also arise where boundaries are not recorded correctly with the Land Registry.
Adverse Possession – It is not uncommon for people to use land belonging to their neighbours for a long period of time, either deliberately or unwittingly. If this usage has occurred for approx. 10 or 12 years (depending on the case), then it is possible that they will have acquired title to the land, meaning that they own it in law. It is then possible to make an application to the Land Registry to have the land included within their title deeds.
Restrictive Covenants – A restrictive covenant is a promise made by the owner/occupier of a piece of land agreeing not to do something on their land – i.e. it is a restriction on the use of that land in some way. Crucially, restrictive covenants do not just restrict parties who agreed to them in the first place, every subsequent owner/occupier of that land will also be bound if certain criteria are satisfied and it can be legally enforced.

How we can help

If you have a query about any restrictive covenants affecting your property, boundary ownership, or rights-of-way, we can advise you and help you find a solution you’ll be happy with. It is important to seek advice at an early stage as the legal position is often complex and we can carefully review the deeds, relevant title documents photos and plans to ascertain the facts. We understand that issues regarding property can turn expensive and acrimonious disputes, so our property team will to the heart of any problem quickly, alleviate tensions and designing the best possible solution for clients.

Rachel Gaylor

Partner & Head of Residential Property

If you have a query about any restrictive covenants affecting your property, boundary ownership, or rights-of-way, we can advise you and help you find a solution you’ll be happy with.

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