Legal Advice: Opposing the registration of a right of way

How a right of way come into effect and the law surrounding it

Rights of way can come into existence if there is continuous and uninterrupted use for a minimum period of 20 years. File Picture.

The deadline for the registration of rights of way on November 30 is fast approaching. A person may access their house or lands through a neighbour’s private roadway or lane. They do not own the private lane or roadway and they do not have a registered right of way but they believe they are entitled to use it and they may therefore seek to register this right of way in advance of the deadline or thereafter. What do you do if you wish to prevent someone from registering a right of way over your land?

In order to advise on this, it is essential to know how a right of way by prescription comes into being in the first place. Rights of way can come into existence without any agreement or consent and the use must be continuous and uninterrupted over another person’s land for a minimum period of 20 years (based on the current law).