Q&As

Party A has a right of way over land, allowing them to access their garage. Party B proposes to build a canopy which will oversail the right of way, stating it will not obstruct the right of way. If the oversail was over Party A's land, it would amount to a trespass. Can Party B proceed as proposed?

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Published on LexisPSL on 14/06/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Party A has a right of way over land, allowing them to access their garage. Party B proposes to build a canopy which will oversail the right of way, stating it will not obstruct the right of way. If the oversail was over Party A's land, it would amount to a trespass. Can Party B proceed as proposed?

Party A has a right of way over land, allowing them to access their garage. Party B proposes to build a canopy which will oversail the right of way, stating it will not obstruct the right of way. If the oversail was over Party A's land, it would amount to a trespass. Can Party B proceed as proposed?

Wrongful interference with an easement is a private nuisance.

A right of way does not grant exclusive use of the land so not every obstruction or limitation on its use will be an actionable nuisance. As explained in Practice Note: Easements—actionable interference, there is no cause of action unless there is substantial interference with

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