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What's the difference between a right of way and a "beneficial easement"?

8 replies

GoingDownLikeBHS · 17/06/2024 18:47

There's no prize for a correct answer, and I am not sure I know myself - anyone on here had any experience?

OP posts:
fruitbrewhaha · 17/06/2024 18:49

I think a right of way is for everyone ie a footpath or bridleway. Easement is just for certain people ie neighbours across land

SeaToSki · 17/06/2024 18:54

a beneficial easement is usually for a utility of some kind like power, water or TV that goes over or under the land. The beneficial bit means that its existence benefits the owner of the land. the Easement is to allow the utility company to put it on land they dont own

A right of way is an easement over some part of land to benefit someone else, not the landowner. Its usually then specified as to what rights the right of way owner has - crossing and recrossing or specifically walking only, and hopefully it also specifies the width of the right of way and who maintains it (and to what standard)

TwoLeftSocksWithHoles · 17/06/2024 19:02

Is 'beneficial easement' the same as FWB but amongst the gentry?

GoingDownLikeBHS · 17/06/2024 19:13

TwoLeftSocksWithHoles · 17/06/2024 19:02

Is 'beneficial easement' the same as FWB but amongst the gentry?

Ooo you are awful….! 😂

OP posts:
IsabelleHuppert · 17/06/2024 19:16

TwoLeftSocksWithHoles · 17/06/2024 19:02

Is 'beneficial easement' the same as FWB but amongst the gentry?

A character in a Rebecca West novel thinks it’s a euphemism for a public toilet…😀

GoingDownLikeBHS · 17/06/2024 19:24

We’ve hit a rich seam here!

OP posts:
Movinghouseatlast · 18/06/2024 09:35

A right of way is an easement, its the same thing.

The type of easement can vary and is usually described on the deeds of the effected properties. Not always- our neighbour had a right of way over our garden and it wasn't on our deeds. Our solicitor missed that it was on the neighbours deeds.

Best to look at gov.uk for the answer or the Garden Law website where there is an excellent forum. Both will tell you all you need to know.

IsabelleHuppert · 18/06/2024 09:51

Movinghouseatlast · 18/06/2024 09:35

A right of way is an easement, its the same thing.

The type of easement can vary and is usually described on the deeds of the effected properties. Not always- our neighbour had a right of way over our garden and it wasn't on our deeds. Our solicitor missed that it was on the neighbours deeds.

Best to look at gov.uk for the answer or the Garden Law website where there is an excellent forum. Both will tell you all you need to know.

Yes, and they can be quite intrusive. Some friends of ours lived in a gorgeous old farmhouse on the edge of a village near Oxford, and the first few times I was there, I was disconcerted by people using a right of way that involved walking up the drive and past the kitchen window, before turning down the side of the house and climbing a stile into a neighbouring farmyard. Not just ramblers, but locals too because it was the shortest route from the main road where the bus stopped into the village.

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