How to prevent rights being created over your land  

The simple answer is to use good signage on your land but how effective is this and what are the pitfalls?

It is possible to gain rights over land, such as a right of way, by ‘long use.’ This is a complex and confusing area of law but put simply, exercising a right for at least 20 years, without interference can result in the creation of a ‘prescriptive right.’

The use has to be as of right or ‘without force, without secrecy and without permission’.

So far as ‘without force’ is concerned, this means that the use cannot be contentious or allowed only under protest. Use will be contentious if the landowner has done everything within reason to contest or interrupt the use and sending a ‘cease and desist’ letter or erecting a sign will be sufficient for this purpose.

There have been two recent cases looking at signage which show that care does need to taken if you want to prevent a claim for a prescriptive right. The first of these cases was Nicholson v Hale [2024] which concerned two terraced properties in Nottingham which were set back from the road with each property being fronted by an open forecourt. Each had a front door on the floor above, accessed by a raised walkway with steps at the end of the terrace.

One of the two properties owned its own staircase which had been used by the neighbours for many years as a short cut but the owners decided to demolish it so as to create a private walled garden. The staircase owners put up a small sign just 20cms x 6cms stating that the ‘staircase and forecourt are private property; No public right of way.’ The Judge decided that the sign was sufficient to prevent use of the staircase being ‘as of right’ so that the users were not entitled to a right of way through long use (or ‘prescription’).

However, a different outcome was arrived at just a month later in Sagier v Kaur where it was decided that a sign saying just ‘No Public Right of Way’ on a private road was not sufficient as it appeared to target members of the public only and not the use by the small numbers of people who lined on the road. The words used are therefore key to the success of your signs.

It is therefore important that the sign is unambiguous and use of the phrases ‘Private land’ and ‘No right of way’ are sensible words to adopt.

The moral of the tale is to erect suitably worded signs making it clear that the property is private. Make sure the signs are clearly visible and are in a location where they are likely to be seen; keep a record of when the signs were erected and make sure that you maintain them.

If you need legal advice on protecting your property rights, our team of experts at Ware & Kay can help. Contact Johanne Spittle, Director, Litigation & Dispute Resolution today for guidance tailored to your specific situation. Call York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email johanne.spittle@warekay.co.uk.