Private rights of way

Our Property Dispute Resolution lawyers are specialists in private rights of way and have successfully resolved rights of way issues in the context of commercial units, rural estates and residential land, ensuring that the value of the land or interest is protected and preserved.

A sample of Common issues include: proving that a Right of Way exists in light of an obstruction; resisting a claim for a right of way where none has existed previously; and advising where the type of usage across a way is considered excessive and beyond acceptable levels for that particular land.

Some of the issues we have advised on include:

Acting for a landowner after the neighbouring owner blocked the way across agricultural land, causing major difficulties in access. We successfully proved the existence of a prescriptive right of way by more than 20 years’ historic, undocumented usage of an all-purposes Right of Way.

Acting for three owners of agricultural land in Cornwall, successfully defending a claim brought by neighbour claiming a prescriptive Right of Way across their land. This right of way would have included rights to cross through their gardens with cars, horses and carts, which would have had serious valuation consequences if allowed.

Acting for a residential owner, proving both a right of way and right to park as a result of long prescriptive use, thus maintaining both essential rights and the value of the premises.

Advising an owner of farm land on whether his right of way allowed him various rights of entry/exit points along the full length of a route, as opposed to the restriction sought by the neighbour, seeking to impose one specific entry/exit point, which would have caused substantial interference with the usage of the land.

Advising an owner of a large area of land on the neighbouring land owner’s attempt to use heavy lorries across his land, along route of the existing right of way, when the route in question was only for the benefit of foot traffic, although it had been widened. The use of heavy goods vehicles was clearly excessive; preventing such usage maintained the value of the land, and the peace of mind of our client.

Advising a commercial unit owner on whether granting temporary permission to neighbour to use an access route, would be sufficient to defeat a claim for a prescriptive right of way. The claim was resolved, thereby preserving the development potential of the land and avoiding neighbours’ attempts to prevent development by claiming to have undocumented rights of way.

Warren Reid
Partner
Bristol
0117 930 9527
07786 856918
Michael Tatters
Partner
Swindon
01793 412633
07816 270481

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