Farmers Weekly Business Clinic: can property owner’s tenants use right of way?
The owner of one of the properties has a right of way over his neighbour’s land in order to access the highway.
Recently he has let a part of his property on short-term lets using Airbnb, a move which has not only frustrated the neighbour but also compromised the privacy of his tenant whose accommodation adjoins the property being let out.
With both parties having responsibility for the maintenance of the access, are the Airbnb guests entitled to use the right of way?
Writing for Farmers Weekly’s Business Clinic, Richie Rees, a chartered legal executive in Thrings’ Agriculture team, assesses the nature and scope of the right of way currently in place, and discusses how the difference between an express and implied right of way could make all the difference as the two neighbours seek an amicable agreement.