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J.Ustinovskaya
J.Ustinovskaya,
Category: Law
Satisfied Customers: 23
Experience:  Expert
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Is there a statutory limitation on claims to do with rights

Customer Question

Is there a statutory limitation on claims to do with rights ofw ay
JA: Where is this? It matters because laws vary by location.
Customer: rights of way? The private right of way is in Hampshire/UK
JA: What steps have been taken so far?
Customer: no steps have so far been taken ..I am contemplating a pre-action protocol
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The ROW was granted through express easement/covenant
Submitted: 13 days ago.
Category: Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  J.Ustinovskaya replied 12 days ago.

Dear Client, thank you for your query. My name is***** am a solicitor and will be assisting you today. I endeavour to provide you with the answer within an hour.

Expert:  J.Ustinovskaya replied 12 days ago.

If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against those who violate your right (usually neighbours), provided the interference is substantial. Right of way is an easement and the wrongful interference with an easement constitutes a private nuisance. The limitation period for private nuisance is six years under section 2 of the Limitation Act 1980.

Did I answer your query? Please feel free to ask further questions if you have any.