With growing pressure from various access groups, the issue of public rights of way and access to land is one of actual or potential concern to almost every farmer or landowner. The evolving and developing area of village green claims which can prevent future development if granted and the passing of the Marine and Coastal Access Act 2009 (with the prospect of “spreading room” inland) provide further issues to be confronted.

As trusted advisors to landed estates, farmers, growers, agri-businesses and other rural enterprises across the UK, our nationally renowned Agriculture Team specialises in advising its farming and land-owning clients in this highly complex and controversial area of law.

Examples of the issues that are likely to arise and in which we have considerable experience are:

• Disputes surrounding public rights of way and highways - footpaths, bridleways and byways
• Applications for and objections to:
  • Definitive Map Modification Orders (DMMOs)
  • Diversions, creations and extinguishments
• Public Inquiries
• Stiles, gates, barriers – obstructions and enforcement
• Disputes over the true width of a public right of way
• Advice and Prevention – avoiding claims to rights of way across land
• Advice on, and objections to, village green applications
• Coastal Access, including advice on “spreading room”
• Common Land

These matters can be of great importance in land purchases as, unwittingly, purchasers can buy themselves into a dispute. The initial results of a local search are not necessarily sufficient on their own, and we always carry out a site visit which may prompt the submission of specific written enquiries to the local authority, inspection of the Definitive Map and Statement and historical research if necessary.

Some examples of our work:

Representing Landowner/Objector at a 5 day Public Inquiry in a footpath application

Representing Landowner/Applicant in Application for a DMMO to correct anomaly between Definitive Map and Statement

Advising Landowner on the diversion of an existing footpath

Advising Landowner on an Application to install gates across a public right of way

Advising a number of Landowners and Estates on the implications of coastal access

Advising a Trust on steps to prevent the establishment of village green rights or public rights of way across Trust Land