Q&As

Where an easement has been gained by prescription over a long period of use, what rights does the dominant landowner have to maintain the right of way? Can he force the servient owner to accept that repairs are necessary if he is willing to carry them out at his own expense?

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Produced in partnership with Daniel Gatty of Hardwicke Chambers
Published on LexisPSL on 11/10/2016

The following Property Q&A produced in partnership with Daniel Gatty of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Where an easement has been gained by prescription over a long period of use, what rights does the dominant landowner have to maintain the right of way? Can he force the servient owner to accept that repairs are necessary if he is willing to carry them out at his own expense?

In summary, the dominant owner of a right of way acquired by prescription has the right of repair but not a right to improve the servient land.

A right of way carries with it an ancillary right to repair the way, at the dominant owner’s own cost. So the dominant owner can enter in order to carry out works of repair even if the owner of the servient land is unwilling for the repairs to be carried out. However, the right to enter to carry out repairs is limited to carrying out reasonably necessary work in

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