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How is a right of way created?

There are a number of ways in which a right of way can be created.  The most common are an express grant by deed – in other words, when land is transferred or a lease granted, the transfer or lease can provide for the new owner to enjoy a right over the land retained by the seller or landlord. A right of way can also be agreed between two landowners in a Deed of Easement.

It is also possible to obtain a right of way by prescription.  This is essentially where a person or people have exercised a right for a long period of time, without interference and as of right.  In those circumstances, it is possible to establish a right of way even though no formal deed has created the right of way.

It is also possible for a right of way to be created by an implied grant. The rules relating to prescription and implied grants are very complicated. If you wish to try and establish a right of way, or someone is claiming a right of way over your land, you should seek legal advice so that you can obtain advice on the particular circumstances of your case in the light of these various rules. 

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