Recovering a Right of Way

Holly provided advice to a landlord as to how best to recover the use of a right of way which ran behind a number of properties which it owned and let out, or had sold.

The defendant tenants had been using the land (an access footpath) behind their property, preventing access to the rear of a property next door, despite repeated requests for them to desist.

Holly’s advice to her landlord considered civil injunctions, the use of the new Injunctions to Prevent Nuisance and Annoyance and the seeking of possession on the grounds of nuisance, breach of tenancy or anti-social behaviour.