Right to access land

A boundary is a line that divides one area from another. Boundaries can be defined physically by coastlines, rivers, roads, walls, fences and lines painted on the ground, or they can have no manifestation other than on maps, plans, charts and legal documentation.

Boundaries are often the subject of disputes and may have perimeter security to prevent unauthorised access. Interference with a person’s right to the security of their body, property or land is trespass.

However, parties other than the owner of land may have rights to enter it, for example:

• An easement may entitle a person pedestrian or vehicular access across the land of another. This right can be in the form of a deed or may arise by implication or by long use. A right of way is a form of easement. For more information see: Right of way and Easement.
• A statutory bridleway (or bridle path) is a route over which the public has a right of way on horseback, leading a horse, on foot, or since 1968, on a pedal cycle. For more information see: Bridleway.
• A permissive path is a type of path which, whilst it is not a formal public right of way, the landowner nonetheless permits the public to use. For more information see: Permissive path.
• There is a public ‘right to roam’ over nearly all common land under the Countryside and Rights of Way Act 2000. For more information see: Countryside and Rights of Way Act 2000.
• Construction often necessitate accessing the land of a neighbour. This must be done with permission (unless a right exists) which will usually be in the form of a temporary licence, perhaps in return for payment. However, even where someone is lawfully on land, they may still commit trespass if they exceed their rights or the permission that has been granted.
• The Party Wall Act allows access to adjoining property for the purposes of carrying out works under the Act whether or not the adjoining owner gives permission, however they must be given 14 days notice. For more information see: Party Wall Act.
• A neighbour may have the right to apply to access adjoining land to carry out basic preservation work under the Access to Neighbouring Land Act 1992.
• Wayleaves create a right of way to transport minerals extracted from land over another’s land, or to lay pipes or cables over or under another’s land. For more information see: Wayleaves.
• Profits à prendreare are rights to take produce from another’s land, such as to extract minerals.

See also: Right of entry.

[edit] Related articles on Designing Buildings Wiki

• Access to Neighbouring Land Act 1992.
• Boundary.
• Bridleway.
• Common land.
• Easement.
• Land.
• Neighbour trouble.
• Party Wall Act.
• Permissive path.
• Property.
• Right of entry.
• Right of way.
• Squatter.
• Trespass.
• Wayleaves.

[edit] External references

• Dickinson v Cassillas