Tricky Issues Arising From Rights of Way: For Residential Conveyancers

Description

As a busy conveyancer, you will know that rights of way are a common feature of legal titles. Yet significant problems can be created in a conveyancing transaction where a property lacks adequate access rights over adjoining land.

So, this presentation is designed to provide you with a vital overview on a range of current matters that you otherwise might not have time to read about.

This session will examine common difficulties that can arise from an absence of any access rights, a defective right of way, or a potential dispute with a neighbouring owner.

This webinar was recorded in September 2023.

Matters covered will include—

• Is the dominant tenement clearly identifiable? Is physical contiguity with the servient tenement required?
• Are there any special features or physical characteristics affecting or restricting the right of way?
• Can a right of way be extended onto other land (i.e. non-dominant land)?
• Is the scope of the right clearly stated?
• Is the right of way exercisable over the whole accessway? Poorly coloured plans. Is the width variable?
• How can the route of the way be altered? Is the deed of release and regrant clear?
• Are there any ancillary rights unspecified by the deed?
• Prescriptive right of way: is there sufficient evidence?
• Intensification of use of an easement, not expressly granted or reserved: key implications
• Extinguishment of an easement: when it might be inferred
• Has the right of way been abandoned?
• Is the grantee of a right of way entitled to repair the accessway?
• Entries to be made on registered titles when an easement is created