Practical advice on property rights and land use
Disputes involving easements and restrictive covenants can be difficult to navigate. The legal principles are often technical, while the consequences are very real, affecting how you use your property, your relationship with neighbours and the value of your land or premises.
We advise individuals and small businesses on easement and covenant disputes across England and Wales, providing clear, practical guidance at every stage. We act for homeowners, landowners and businesses, often where the dispute is both legally complex and personally sensitive.
What is an easement?
An easement is a legal right enjoyed by one piece of land over another. Common examples include rights of way, rights to park, or rights to run services. Disputes may arise where a right is unclear, is being obstructed and interfered with or is used more extensively than intended.
Easements can be express or implied or arise through long use.
Express easements are recorded in writing and usually found within a property’s title documents. They are usually the most straightforward to identify but disputes can still arise over extent and interpretation.
Implied easements arise through operation of law. They can arise through necessity, intended use, statute and what is known as ‘the rule in Wheeldon v Burrows’. These cases are frequently more contentious, as the right must be established by reference to legal principles and factual evidence rather than clear documentation.
Finally, easements arising through long use are known as prescriptive easements. Again, specific rules apply with evidence and timing being essential factors.
What is a covenant?
A restrictive covenant is a binding obligation that restricts how land can be used. These are frequently encountered when property is sold or developed, sometimes many years after the covenant was first imposed.
Covenants can be restrictive (limiting how the land is used) and positive (requiring a property owner to take specific action)
Riparian rights and obligations are often related to covenant disputes. Riparian rights arise when watercourses, such as river and streams, adjoin or run through land. We can advise you on your rights and associated drainage obligations.
What can we do for you?
Understanding whether a right or restriction exists (and how it can be enforced or challenged) requires a careful review of title documents, historic use, and the relevant law. We advise clients at all stages, from initial concerns through to formal dispute resolution. Our work in this area includes:
- Advising on the existence, scope, and enforceability of easements
- Resolving disputes concerning rights of way, access, and use of land
- Acting in relation to the enforcement, modification, or discharge of covenants
- Negotiating settlements to avoid unnecessary litigation
- Representing clients in court or tribunal proceedings where required in bringing and defending claims
Clear advice and proportionate solutions
Property disputes can escalate quickly if not handled carefully. We focus on providing realistic advice from the outset, including an assessment of legal strength, cost implications, and likely outcomes. You will work directly with a solicitor who understands your matter and remains involved throughout.
Please contact a member of our property disputes team for more information.
