EASEMENTS AND RIGHTS OF WAY OVER LAND | BlackBeltBarrister

hi have you done one on stopping on a river bank in a sleep aboard boat?

This is a super interesting one for me, as I spend lots of my time making videos in placed that I believe I have the right of access.

thanks, really interesting

Great videos top man always watching them would be great if you could make one on private company parking notices, and how to deal with them they just a night mare in our society thanks

Oh, where were you seventeen years ago when my barrister completely messed up and I ended up losing the ability to even wash my car on my own driveway because of a 'stolen' easement and the fact that I would now be obstructing my neighbours access to her back garden?

I am watching this to see how much I already know, so I will not comment further until I have heard you through.

There is a small alley behind my home and many of my neighbours, it is typically used as rear garage access for all the properties that back onto the alley. The other side of the alley is used in a similar way by the residents of a street that runs parallel to mine, our gardens both back onto this alley. So when you walk down the alley from the street you see peoples garages on the left and right side. This is until to get 100 m down the alley and to where my property is (on the right side). Here The neighbour from the parallel running street (left side) has erected a locked metal 7ft high gate and fence to block off the alley completely, and also put up a similar fence further where the alley continues past his property. He has in effect enclosed the entire alley that goes behind his back garden and has now included it as part of his garden. I recently bought my property, and when I discovered his gate blocking the alley, I asked him to remove the gate. He refused and said it has been there since 2013 when he bought the house. At the land registry I checked the title deeds. They show that there is an easement for right of access to the alley for properties that back onto the alley, additionally my property boundary is shown to extend so that it extends several feet out into the alley all the way the alley and my property boundary run sideby side. I spoke to a local solicitor who said i have very little recourse to get the gate taken down even though the neighbour is blocking right of way and is trespassing on the part of the alley that is owned by me by erecting a fence to enclose the entire alley which backs onto his and my gardens. Please can you advise on my legal chances to get this gate and enclosure removed ?

"I'm not going to get in to that too much in this video because that does wander of track slightly..."

Which could be trespass...

I would like to research deeper into how an "easement by contract" might be formed. If a plot of building land is sold together with a future dated sewage drain installation across neighbouring land that is also owned by the plot seller, does that create an easement by contract to use the drain in future years once installed?

What airspace distance is defined as "immediately above" that is controlled by the owner?

very well explained

I live near HS2 and signs have gone up saying that right of access has been removed. When the works are completed will this right be restored?

Can you tell me how much space I can have for a right of way to my house. I have to walk across a right of way to my garden. My neighbour parks her car in the middle of the path and leaving very little room on either side for me to get though with a wheelbarrow or without. She blocks it occasionally so is it substantial inconvenience? Also can a right of way allow any visitors to my house or should I need to get permission from her as she owns the land the right of way is on, I need to have a roofer to fix my hole in my roof and can she refuse me having a roofer to get to my house roof so I can't fix it and the house will fall down because they cant put the scaffolding up etc

What if 2 pieces of land are married does that change the relationship between the two pieces of land?
Can land be divorced?

"Enjoyment of Land". A rare experience, in these times!

Living in Sweden's Lappland, in the wilderness - the local airport instructor school used my farm house as a navigation point. I complained to the airport manager and the planes swooped actually just over the roof. Repeatedly.

Heavy stuff, but fascinating nonetheless thank you x.

Hiya, found your channel few weeks ago and very interesting, this is a kind of question over right of way. Brighton, Manchester Pride events close of roads, streets and payments around shops pubs etc, makes good for security, they also charge to enter these areas, I have read in many forums that you don't have to pay as these are public right of ways, is this true? many thanks for you channels.

I've got a question for you. My neighbor has a right of way on my driveway. I am starting to put up a fence and 2 gates. 1 gate is to enter into the rest of my property and the other is about 50 ft past the first one. So he is able to enter into the back part of his land.
Am I within my rights to put up the fence and gates? They arent stopping him from entering the back side of his property. It's just stopping foot traffic and other cars that arent granted permission. Plus keeping my animals in my yard.

The constant zooming in and out makes this really hard to watch. Thankfully, the audio more or less stands on its own.

What are your views on the 'possession' of land to the detriment of other people. Humans were not born to owning land. Somewhere in our past someone came up with the idea of claiming the ownership of some land, and they probably ended up fighting other peope off it. Since them our Royalty have owned it and used it for power and influence. Now we are in the situation where land is so sought after and expensive that poorer people cannot afford to live on it. Is this morally right ?

Is not land ultimately "owned" by the Crown?

I won a fantastic battle with a country park, i got 4 books out of a library and with the help of a solicitor he gave me 2 laws to follow i kicked their ass🤣

How to find out what type of easement is on a Deed of Partition? Many Thanks Clive

Do you believe there should be fixed list of easements that can be created on the future?

Can I please get in touch with you?

Brilliant analasis of my win!

How do find out who owns a rear access to a property?

Hi would you provide writing a letter service to someone I'm in dispute with?

Hi ,
We have a back garden gate which opens up onto a housing association (turning circle) road . Can you tell me if we are aloud to step out of our property using the gate onto this road ? The tenants which live on the road say we cant use the road to walk on .... no cars are in use by us on this road .

If I require easement, I just use the facilities in my house.

Can a dominant owner change a gate of a private road and not give a key to those that have a right of way?

I have cows and there is a gate on both ends of my property that they have to open and close every time they go through. Can they make me fence off my land so they don’t have to open these gates.

A public right of way has been closed and fenced off and they have moved the right of way to in my opinion is now a danger. Instead of cutting across a main road from the right of way which crossed a set of cricket fields we now have to walk a long a short stretch of busy road to access an ECP the houses that back on to the field essentially now have a public alleyway at the back of them!

A common problem is where a neighbours property has the benefit of a right of way over a small part of your property, for instance to get to their garage or back door, but the neighbour becomes convinced that they actually own that part of your property and can do anything they like with it.

With that accent, I have to ask, are these laws in the U.S. or the U.K.?

What if the owner of a private road cannot be found/lost over time, is it a bad idea to buy property which needs access, (absence of easement)

I own a flat built in the 60s when the flats where built a car park was built with them, unfortunately the car park is being used by people who dont live here as its accessible by the road and is a Highway, in my lease it states i have an easement to use the car park but unfortunately due to People around the area using it as well most of the time there are no spaces as im the only one who has a lease with an easement over the land ie car park surely i take priority

How would easements apply when none exists in the case of trying to take adverse possession of a piece of land loacked land? if it possible for an AP to achieve possession, when they cannot legally reach the land?

Can a lien be placed on a property whose fence encroaches into a recorded easement? Or how can the easement be enforced to require removal of the fence?

It's a shame there is no longer legal aid, I am being bullied (as I am the little man with no money) I have a right of way on my properties deed, with no restriction applied, the servient land owner is taking advantage of my position and has fitted a combination lock to my only means off access, whilst I have the code, my visitors are now not able to visit me as they are prevented from doing so because they don't have the lock code

hi i have a piece of land that abuts a private carriage road sometimes called an occupation road , every thing i read says these are for access to land they lead to and abut but do i have a legal right to use this road the land reg say this is not a legal easement

Land surveyor in training here. Thanks for covering this topic

This is all very well , but what had you done that you had to buy that big bouquet ? 😂

Thanks for the great video. What’s your take on signage advertising for businesses being placed on adjacent land? Is this a bit of a grey area?

What happens if the owner of the servient piece of land were to buy the property that had the benefit of the easement, would the easement become void?

If deed holders own the airspace immediately over their property can ordinance that allows “recreational fires” be challenged as an illegal taking because the fires create toxic smoke that impairs the use and enjoyment of neighboring property owners to the use of their property?

A friend of mine has a right of way foot path running down the middle of his driveway, he is not happy about this as it is a health and safety risk

I enjoy your videos and subscribe but I just found this older video while searching for advice with regard to a charity my wife is the Clerk for. It was founded in the 1600s after land was left in a will for the benefit of the needy of my village and two other local villages. The proceeds from renting the land to a local farmer has been distributed for the past 400 odd years to the needy in local villages. Access to the land is across land that was previously owned by the church (locally known as the Glebe Land). In 2018 the church sold that land to a farmer. The Trustees of the charity are now in the process of trying to officially registering the chartity land (it has never been registered) with the land registry but have run into a problem. The new owner of the Glebe land is denying that the trust, or their tenant, have a right of access with vehicles to the charity land. At one stage they even tried to claim that the Trust did not own the land (because it was not registered). They are local born and bred so in reality they will be well aware of the Luke Jackson Trust.

Apparently if the land is registered without this noted then the charity will no longer be able to make use of the land and will probably have to sell it and only one party will be interested! The Trustees cannot find any deeds showing a right of access, the only document is a copy of the will held in parliamentary records. What they do have are letters from a farmers in the 1920s asking if he could rent the land as he already rented the Glebe Land and was aware of the access across it. I am sure the new owner is aware that the Trust have very little funds and his lawyers have indicated that he is prepared to take a case to court if necessary to stop the Trust having continued access. He has just sold a large parcel of land for expansion of a warehousing/distribution park so has a very large war chest. My question is are you aware of any legal charities that help other charities to fight their corner in situations like this?

What an owner of a ginnel where there need to provide access to the block of flats, where the entrance to the flat is in the ginnel, and there park there car there, meaning you have to squeeze past up to 2 cars to get in and out of your own home, and some times there park so close to the door, that the door hits the car, even though you don't know that till you open the door.

And this is the only door, so if a fire was to break out and everyone in the block of flats was to leave, there would be a bottle necked caused by the cars.

Would there still be allowed to park there car there?