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A rights of way agreement is a legal document that outlines the rights and obligations of property owners who share a common access point. Essentially, it governs who has the right to use a shared driveway or pathway, and under what conditions.

The purpose of a rights of way agreement is to prevent disputes between neighbors and to ensure that everyone understands their rights and responsibilities. Without this type of agreement, disagreements can arise over who has the right to park in a shared driveway, for example, or who is responsible for maintenance and repairs.

A rights of way agreement can be either express or implied. An express agreement is one that is explicitly stated in writing, signed by both parties, and recorded with the local land registry. An implied agreement, on the other hand, arises when the use of the access point has been uninterrupted and undisputed for a certain period of time, typically 20 years or more.

The terms of a rights of way agreement will vary depending on the specific circumstances, but typically include the following:

– The location and boundaries of the access point

– The rights and obligations of each party, including the right to use the access point and any restrictions on that use

– The responsibilities of each party for maintenance, repairs, and upkeep of the access point

– The consequences of any breaches of the agreement, such as financial penalties or termination of the agreement

– The dispute resolution process, including any mediation or arbitration procedures

It`s important to note that a rights of way agreement can have significant implications for the value of a property. Potential buyers may be deterred by the existence of a shared access point or by the terms of the agreement. Therefore, it is crucial to seek legal advice before entering into any such agreement.

In summary, a rights of way agreement is a crucial legal document that provides clarity and guidance to property owners who share a common access point. By outlining each party`s rights and responsibilities, it can help prevent disputes and ensure that everyone understands the terms of use. If you`re considering entering into a rights of way agreement, make sure to seek legal advice to ensure that you fully understand the implications.

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