WHEN solicitors act for clients who are buying or selling land, we often come across various rights that one land owner enjoys over another’s land.

Typically that will be a right of way, and that is what I will concentrate in this week's column.

In many cases the right of way is clear and set out in the historic deeds.

But sometimes problems arise when a person claims they have exercised a right of way over another person’s land for many years, but there is nothing to provide evidence of this, because it has not been recorded in the past.

In such cases, it may be possible to register the right of way by making an application to the Land Registry for what is known as a Prescriptive Right of Way.

For this to happen there must be two distinct pieces of land owned by two different people.

For example, A owns a field, but he needs to go over a lane owned by B to get to his field.

The person claiming the right of way (A) needs to have exercised that right for more than 20 years.

He needs to have exercised it continuously (but not constantly) without significant interruption and openly, as of right and without force.

If B had blocked the lane, or put up signs saying “No right of way”, then A would not have a claim even if he ignored them.

Matters are further complicated if B gives A express permission, because this could amount to a licence and defeat the claim.

Applications are made under the Prescription Act 1832, but they can also be considered under what is known as the Doctrine of Lost Modern Grant, depending on the facts.

Because rights of way are such a complicated and confusing area of law, it is important to consult your solicitor and to take legal advice if this affects your land or the rights of way that you are using.