Ashtons Legal advises landowners on right of way dispute with neighbour

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Ashtons Legal has recently acted on a number of residential property disputes in the local area.

Access to Registered Easement

The Ashtons Legal team, led by experienced Associate Annabel Mayer, assisted Mr & Mrs L with a right of way dispute which had arisen between them and their neighbours.

Mr & Mrs L had a right of way registered on their neighbour’s title which allowed them to access their home over a trackway at the rear of the neighbour’s land.

Despite their neighbour being aware of this right of way at the time they purchased their property, and despite initially allowing Mr & Mrs L to use the right of way unimpeded for a number of years, a dispute arose when their neighbour began obstructing their ability to use the trackway.

Mr & Mrs L were not able to gain safe access to their home so they sought advice from Ashtons Legal about what to do next.

Ashtons took the initial step of writing cease and desist letters to the neighbour. Unfortunately, the neighbour still denied access.

As a result of the neighbours refusing to engage with Ashtons Legal, Mr & Mrs L made the decision to issue Court proceedings against their neighbour to enforce the right of way and won the case on an application for summary judgment. Their neighbours, as a result of losing the case, were ordered to pay a significant amount of Mr & Mrs L’s costs and to allow them access to the trackway.

After securing this victory, Annabel Mayer said “This case really shows the importance of both sides engaging sensibly through legal advisors and communicating constructively before Court proceedings become necessary. Once proceedings are issued, the costs can build up really quickly.”


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