I am not a law professional, but before approaching a lawyer I would like to learn a bit about UK case law on right of way through neighbours' properties.

The facts: in the deeds of the property there is a right of way through a neighbour's property, set to be at least three feet wide. The same appears in the title deeds of the neighbour obtained from the land registry. Over the past year, the neighbour has reduced the walkable area to barely one and a half feet, and placed flowers beds, tools, and garbage partially obstructing the passage. They are also very unresponsive and insists in not clearing the way to the full three feet requirement despite repeated oral and written requests. In case, I need the whole three feet to transport construction and garden materials (including waste) to and from my property, and I find myself blocked at the moment.

The question: I would like to learn what the reference cases are in this situation before I approach a lawyer. Previous legal experiences suggest that I do my own research first.

Where can I find such information? What are the relevant cases I should read? In particular, are there cases about enforcing a right of way to what is stated in the deeds?

My prior research: I managed to find this information about right of way easements:


but it did not quite address my question. I also found a few examples of how law firms successfully resolved disputes, but not what case law they referred to.

  • 6
    Why do you need previous cases? The kind of precedent you find on the web gets produced by appeal courts, but a straightforward case like this will never go to appeal or generate an important precedent. You have a clearly documented right, and you can get that enforced by an injunction on your neighbour. End of. – Paul Johnson Feb 15 '20 at 16:19
  • @PaulJohnson are you saying that there is no famous/typical precedent? – NofP Feb 17 '20 at 17:46
  • Probably not (though I'm not a lawyer and can't really check). This kind of thing is the every-day bread-and-butter stuff that solicitors have been dealing with for centuries. See e.g. Frankland in "The Hound of the Baskervilles", who treated this kind of litigation as a hobby. – Paul Johnson Feb 17 '20 at 18:22

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