If you own a property with a shared driveway, or land that relies on a neighbour's access to reach the road, you're likely dealing with a right of way. This is one of the most common types of easements we see.
A right of way gives someone (the grantee) the right to pass over part of another person's property (the grantor) for access. It's common where one property needs to cross another to reach the main road. For example, a back section relying on a shared driveway, for example.
Benefited land vs burdened land
- The benefited land (or dominant tenement) is the property that enjoys the right of way.
The burdened land (or servient tenement) is the property that carries the obligation to allow access.
A few key things to know
- Access can be by foot, vehicle, machinery, or even animals, depending on what the easement actually allows.
- The grantor can't obstruct or interfere with the grantee's access.
- Maintenance and repair costs are usually shared by those who use the right of way.
The grantee's use can't unreasonably interfere with the grantor's use of their own property.
It's not unlimited
Having a right of way doesn't mean you can do whatever you like with it. It has to be used reasonably, and only for the purpose it was granted for. You can't, for example, widen the access or start using it for something beyond its original intent.
When rights of way matter most
They're often essential where:
- A property has no direct access to a public road.
- A shared driveway or private lane serves multiple properties.
Access is needed for utilities or services.
Buying a property? Check the title first.
Easements like these aren't always obvious until you look at the title. Before you buy, it's worth having a lawyer check whether your property benefits from, or is burdened by a right of way, a drainage easement, or utility access, and what that actually means for you day to day.
Our team is happy to walk you through it, so you can buy with confidence. Get in touch - we're here to help.
