Can the owner of the servient land over which a right of way passes be compelled by the owner of the dominant land to take steps to address fly tipping and parking on the right of way? Also, the owner of the dominant land would like to erect security gates on the right of way at their own cost. Can the dominant owner compel the servient owner to consent to this?

Where there is substantial interference with the enjoyment of an easement such as a right of way, the beneficiary of that easement can bring a claim. However a claim will lie only where the right cannot be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction, see West v Sharp (1999) 79 PCR 237 (not reported by LexisNexis®). In order for the claim to lie against the owner of the servient land they must be responsible for or in control of the obstruction. Where a servient owner parks, or permits cars to be parked, upon the right of way, they will clearly be responsible