Disputes over rights of way occur regularly, including where someone objects to the use of their land by a neighbour or where someone wants to enforce a right of way. Disagreements can be bitter and long running if not dealt with promptly.
At Preston Redman, we represent clients in a range of right of way law cases, including where there has been blocking of a right of way and where a right of way is causing problems to the landowner.
Wherever possible, we work to resolve matters out of court. This is a faster and more cost-effective option and can also prevent a relationship from deteriorating further.
Our property lawyers have extensive experience in dealing with right of way disputes, working with clients from Bournemouth, Poole, the wider Dorset area and beyond. We understand how stressful a legal disagreement over property can be and you will find our team to be helpful and supportive.
To speak to one of our expert right of way dispute solicitors in Bournemouth, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
How our right of way solicitors in Bournemouth can help you
Our right of way solicitors provide a full range of services, including:
- Advice on rights of way
- Rights of way dispute resolution
- Right of way injunctions
- Legal proceedings for rights of way
- Drafting right of way agreements
For more information on our services, see our property litigation and disputes page.
Advice on rights of way
We can advise you of the legal position in respect of a right of way, establishing whether it exists, how it exists and what your options are if you are experiencing difficulties because of a right of way.
We can also advise you of the strengths and weaknesses of your case if you are involved in a right of way dispute and suggest the best course of action.
Rights of way dispute resolution
It is generally advisable to try and resolve a right of way dispute out of court wherever possible. We can try and negotiate an acceptable solution on your behalf and, where necessary, represent you in alternative dispute resolution, such as mediation.
We deal with a range of rights of way disputes, including:
- Disputes over location of the right of way
- Excessive use of a right of way
- Blocking of a right of way
- Right of way and parking disputes
- Right of way and boundary disputes
- Maintenance and repair of right of way disputes
Right of way injunctions
If a right of way has been blocked, we can ask the court to grant an injunction requiring that the other party stop this immediately. Once you have an injunction, they will be bound to comply or risk contempt of court proceedings which are punishable with a fine and in some cases, imprisonment.
Legal proceedings for rights of way
Where a right of way dispute cannot be resolved by agreement, we can start legal proceedings. It will still be possible to reach an out of court settlement, but should this not happen, we will prepare a strong case on your behalf for hearing by the court. We can also ask for compensation if any damage has been caused to your property.
Common questions about right of way rules and UK property
What is a right of way?
A right of way is an easement over land which allows the person with the benefit of the right to pass over the land. It can be a private right of way, for example, over neighbouring land, or a public right of way such as a public footpath.
This can arise in a number of ways:
Express right of way – granted in a deed, usually when a property is sold. This may then be included in the title as registered in the Land Register.
Implied right of access – the right of way has been used and permitted by the parties for a period of time
A right of way because of necessity – where a piece of land could not be accessed unless the alleged right of way was used
A right of way arising by prescription – where a right of way has been used continuously and without force or objection for at least 20 years.
Can a right of way be removed?
A right of way can be released if the person with the benefit of it signs a deed to this effect.
It is also possible in some cases for a right of way to be abandoned. This generally needs more than merely failing to use the right of way. Even if a right of way was blocked and not used for several decades, the courts may still find that this does not constitute abandonment. The person with the benefit of the right would need to show that they intended to abandon the right.
How to remove an easement from your property in the UK
You will usually need the easement to be released by the signing of a deed by the other party. If both pieces of land come into the same ownership, then the easement can be ended.
Implied release can be inferred if the easement is abandoned, but this is not usually an option as the courts do not often find that abandonment has been proved.
How do I deal with a dispute over right of access to my property?
You are strongly advised to speak to an expert right of way disputes solicitor before taking any action over a right of way dispute with a neighbour. This is because this type of agreement can quickly escalate and become entrenched and difficult to resolve if not handled sensitively.
If you have a right of way over your neighbour’s land and they are objecting, we can discuss the best approach with you. You need to bear in mind that a dispute will need to be disclosed, should you wish to sell your property.
We can write to the neighbour on your behalf and seek to resolve matters before they degenerate. We have an excellent track record of dealing with property disputes promptly and without the need for litigation. We will go through your options with you and suggest how the matter could be dealt with to avoid conflict.
Get in touch with our right of way solicitors in Bournemouth
To speak to one of our friendly, highly experienced right of way dispute solicitors in Bournemouth, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
