Landowner has blocked my access - do I have right of way?

Dear Reader,

I am sorry to hear this. In situations like this, it’s important to seek legal advice to understand your rights and options. While your right of way may not be registered on paper, it may still be recognised as an “easement” under the law. Easements are rights to use another person’s property for a specific purpose, such as accessing your own property for agricultural use.

To establish an easement, it is typically necessary to show that you have been using the laneway openly and continuously for a long period of time, and that the use was not challenged by the landowner during that time. This is known as “prescription” or “adverse possession”. The specific requirements for establishing an easement can be complex and may vary depending on the circumstances.

A prescriptive right of way is a legal right to use someone else’s property for a specific purpose, such as accessing your own property, which has been acquired through long, uninterrupted use. This type of right of way is established by prescription, which is a legal doctrine that recognises a right as valid based on the long-standing use of the property.

To establish a prescriptive right of way, the use of the property must be open, continuous, and uninterrupted for a specific period of time, usually 12 years or more. The use must also be “as of right,” meaning that it is not based on the owner’s permission or agreement. If these conditions are met, the person using the property may have a legal right to continue doing so.

If it is determined that you have an easement or right of way, you may be able to take legal action to enforce it. This could involve making an application to the court for an injunction to prevent the landowner from interfering with your access, or making a claim for damages if you have suffered losses as a result of being denied access.