Latest Legal News

Poor Record-Keeping is a Recipe for Dispute with the Tax Authorities

Sensible businesspeople understand that failing to keep proper accounting records and paper trails of transactions is an invitation to dispute with the tax authorities. In a case on point, a property developer came within an ace of incurring a substantial...

Sensible Divorcees Put Personal Animosity Aside - Court of Appeal Ruling

Any good lawyer will tell you that it is far better for divorcing couples to agree how their assets should be divided, rather than fighting it out in court. A Court of Appeal case showed , however, that, where personal animosity persists, it is only too...

Aircraft Lease Arbitration Clause Comes Under High Court Microscope

Arbitration clauses are commonplace in commercial contracts and generally provide a relatively swift and cost-effective route to resolving disputes without resort to full-blown litigation. Their correct interpretation can, however, present a challenge and...

Vacant Possession and Commercial Lease Break Clauses - High Court Ruling

When exercising a break clause in a commercial lease, tenants are usually required to deliver up a property with vacant possession – but what exactly does that mean? The High Court confronted that issue in a case concerning a recording studio which...

Interim Maintenance in Divorce Proceedings - Court of Appeal Gives Guidance

Working out the financial consequences of divorce takes time and that is why judges have the power to make interim maintenance awards to bridge the gap. In an important ruling, the Court of Appeal gave guidance on how that power should be exercised to...

Inner Workings of Online Property Platforms Analysed in Shares Sale Row

Purchasers of private companies sadly often feel that they have been sold a pup, but making such an assertion is a great deal easier than proving it. That was certainly so in a case concerning the acquisition of a commercial lettings agency in which the High...

Mistaken £450,000 VAT Payment Triggers Construction Industry Dispute

The vexed distinction between building works that qualify for VAT zero-rating and those that do not can be puzzling even for construction industry professionals. A case on point focused on the tricky legal consequences of almost £450,000 in VAT having...

Commercial Contracts Undermined by Lockdown - Where Do Losses Fall?

Lockdowns put into force in response to the COVID-19 pandemic have rendered many commercial contracts unprofitable if not entirely inoperable. In a guideline case, the High Court considered where unforeseen losses arising under a local authority contract ...

Houses in Multiple Occupation - A Cautionary Tale for Errant Landlords

Pressure on the housing market has led to the conversion of many redundant office buildings into flats and the number of such projects is likely to be greatly increased by shifting work patterns brought about by the COVID-19 pandemic. A Court of Appeal...

Child Abduction - Runaway Mother Feels the Force of International Law

Cross-border child abduction is an all too frequent result of broken relationships but it is also unspeakably cruel and English judges take their international treaty obligations to stamp it out very seriously. The High Court powerfully made that point in...

Writer's Ex-Partner Wins Recognition as Co-Author of Hollywood Screenplay

Professional writers often receive assistance and inspiration from friends, family and others, but to what extent, if any, should their contributions be recognised in law? The High Court addressed that issue in the context of a broken relationship between...

Guideline Land Registration Ruling Focuses on Former Industrial Site

One might think that an inspection of the Land Register would be a conclusive and straightforward means of identifying the owner of any particular property. However, an unusual case concerning a former industrial site showed that these matters can be...

Maker of 'Shapewear' Jeans Blocks 'Rip-Off' Product from the Market

There is nothing more galling than witnessing competitors profiting at your expense by ripping off your original ideas and designs. As a High Court case concerning a novel variety of 'body-enhancing' jeans showed , however, intellectual property lawyers are...

What Exactly Is a 'Property Developer'? Tax Tribunal Confronts the Issue

It might be thought that the meaning of the phrase 'property developer' is as clear as a bell. However, in a tax case of great significance to corporate property owners , its precise definition proved challenging to say the least. The case concerned the...

Transatlantic Child Maintenance Storm Breaks Over One-Day-Old Baby

Some relationships sadly do not survive the prospect of impending parenthood and that can result in children being born into the teeth of a legal storm. In one case, a little girl was only one day old when she became the subject of child maintenance...

Going into Business with a Friend? Never Dispense with Legal Advice

If you are going into business with a friend or family member you trust, you may think there is no need to consult a solicitor so that arrangements between you can be formalised in writing. A High Court ruling, however, showed exactly why that is such a...

High Court Scotches Housing Development Close to Historic Manor House

Britain glories in its listed buildings and other heritage assets and planning policies require that great weight be given to their preservation. The High Court made that point in scotching a proposal to build 73 new homes on a site adjacent to a 13th...

Given a Raw Deal by a Divorce Judge? Don't Just Sit on Your Hands

Many divorcees feel that judges have given them a raw deal when dividing up marital assets. They may or may not be right about that but, as one case strikingly showed , it makes much better sense for them to seek swift professional advice than to sit on...

Live Boxing Events Organiser Granted 'Dynamic' Internet Blocking Order

Organisers of sporting and other events who derive much of their income from pay-per-view or subscription live streaming are fighting a constant war against internet piracy. As a High Court case showed , with the assistance of judges and the legal...

Commercial Tenant Pays Price for Leaving Site Contaminated by Asbestos

Most commercial leases require tenants to leave premises in a decent state of repair on their departure and failing to comply with such an obligation can have serious financial consequences. That was certainly so in the case of a light industrial site on...

Whether Contracting with Friend or Foe, Legal Formality Always Matters

Even experienced businesspeople are all too often tempted to dispense with legal formality and do oral deals with those they know and trust. As a High Court case underlined , however, friendships have a nasty habit of turning sour and such arrangements are...

COVID-19 - Troubled Mother Permitted Skin-to-Skin Contact with Her Baby

Contact arrangements between children in care and their parents often raise vexed issues, but all the more so during the COVID-19 pandemic. In a case concerning a mother who was denied skin-to-skin contact with her newborn baby, however, the High Court bent...

Rightmove Fails in 'Confusingly Similar' Website Complaint

If your potential clients are being diverted to a website bearing a confusingly similar name to your own, you may have grounds for legal complaint. However, as a case concerning leading online estate agency Rightmove Group Ltd showed, asserting such...

The Law Cracks Down on £35 Million 'Mafia-type' VAT/Duty Evasion Fraud

The immense profits that can be made from the fraudulent evasion of VAT and import duties makes it an attractive proposition for organised criminals. However, as a case concerning wine imports showed , HM Revenue and Customs (HMRC) are wise to such...

Children's Activity Lake Planning Permission Survives Noise Objections

The noise of playing children screaming and shouting is purgatory to some but, in a High Court case, such concerns were not enough to convince a judge that planning permission for an adventure activity lake in the grounds of a historic manor house should...
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Nuisance Neighbours and Your Right of Way

It is not uncommon for neighbours with a shared right of way to be in dispute.

That could be the result of an annoying neighbour parking vans on a shared route into a commercial estate, or someone storing items blocking the path leading to your residential home. When you challenge the relevant individual, the answer invariably comes back: “It is my right of way too.”

Rather than out of sight, out of mind, these disputes are almost always in sight and on your mind, because you may see your neighbour every day. It is therefore essential to obtain quick, effective legal advice on your options so that the situation does not escalate or continue.

 If a neighbour is interfering with your right of way, the Court can generally award you one or more of the following remedies in a legal action known as “private nuisance.”

  1. An injunction forcing your neighbour to cease the relevant interference. If the neighbour breaches an injunction, they may have to pay a fine or could even go to prison.

 

  1. A declaration from the Court as to the extent of the right of way.

 

  1. Damages from the Court for any financial loss you have suffered as a result of the interference. This is especially essential for businesses who may suffer significant losses if they are unable to access their premises due to an interference with a right of way.

 

  1. The Court could grant you the power to lawfully remove an item blocking the right of way. This is a crucial remedy in circumstances where the relevant neighbour may not be engaging with the legal process.

 

However, in order for a private nuisance claim to succeed, you will need to demonstrate to the Court that the interference with your right of way is “substantial.” You will almost certainly need independent legal advice on whether your circumstances pass that threshold test.

If a neighbour or anyone else is interfering with your right of way, please don’t hesitate to contact our George Gwynn for an initial no obligation conversation on 0121 355 0011 or at George.Gwynn@belllax.com