Collas Crill Explains... Acquiring Rights Over A Neighbour's Lands

This week's guide outlines how to establish a right of way over a neighbour's land by prescription and offers case study examples to show how this might play out in practice.

Easements

An easement is a legal right for a person to use another's land in a certain way, for example, where a landowner grants a neighbour a right of way over a roadway on their property.

In the majority of cases, an easement is created by a deed and 'runs with the land' (ie the right passes from owner to owner). These are known as 'legal easements'. Easements may also be acquired by prolonged use by a method referred to as 'prescription'.

What is prescription?

If a landowner has used a neighbour's land, 'not by force, nor stealth, nor licence' and for a long period of time, the neighbour has effectively lost their right to object to that use and has consented to the nature of that use being made lawful.