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Expert Reports | Expert Witness Services | Single Joint Appointed Expert Witness Services | Party Wall Legislation Advice & Consultancy | Party Wall Surveyor Appointments | Neighbouring Development Dispute Resolution | HMLR Title Searches & Reports | Boundary Investigations & Reports | Boundary Dispute Resolution | Access to Neighbouring Land | Rights Appurtenant to Land | Dilapidations Dispute Resolution
Rights Appurtenant to Land
In many situations, a piece of land may be subject to certain rights which a person, other than the land owner, may hold over the land. Common examples of such rights or easements are:
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a right of way
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the right to the free passage of drainage or services
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a right to air
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a right of light
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and less commonly, the right to graze
Rights such as these can be granted during the transfer and sale of land but can also be acquired by the repeated use or exercise of a right for a long period (acquisition by prescription).
The existence of such rights is of great significance to the owner of a piece of land they are proposing to develop as they may place constraints upon the size and siting of any buildings to be constructed on the land and possibly even the use of them.
At Barker Associates we are able to provide advice to dominant owners seeking to enforce or uphold a right, or servient owners such as land owners or developers where the existence of a right may adversely affect the use of their land. In particular we can provide advice and guidance in relation to whether a right is enforceable and if possible how it may be discharged.
