Right of Way Disputes

Legal guidance and representation

Disputes over rights of way can create considerable stress, impacting your peace of mind and relationships with neighbours or nearby property owners.

These conflicts can arise unexpectedly and may involve complex legal issues. Whether you’re facing disagreements over access routes or challenges to established paths, having a trusted legal partner can make all the difference in finding a resolution.

At Walker Foster, our right of way solicitors understand the complexities of these disputes and are committed to providing you with the guidance, support and representation you need. Our team is dedicated to resolving these disputes efficiently and professionally, aiming to achieve solutions that uphold your rights and minimise disruption.

With our client-centred approach, we ensure you feel informed and supported throughout the entire process. Walker Foster's solicitors are experienced in securing a positive outcome for clients who are dealing with right of way disputes.

Get in touch today to find out how we can help provide specialist legal advice that provides an optimal outcome based on your case and needs.

How Walker Foster can help

Right of way disputes often involve a unique set of circumstances that require a tailored legal approach. Our experienced solicitors are here to assess your specific situation, offering clear, practical advice every step of the way. We aim to resolve right of way issues in a manner that is both cost-effective and sensitive to the complexities involved. We can assist you with:

Initial consultations and assessments: Our team will review your case, examining any relevant documentation and discussing your goals. We provide you with an honest overview of your legal options, allowing you to make informed decisions.
Alternative Dispute Resolution (ADR): In many cases, ADR methods like mediation can help resolve disputes without the need for lengthy court proceedings. We prioritise ADR where appropriate, working to find amicable solutions that suit all parties.
Court representation: If necessary, our solicitors are fully prepared to represent you in court. We handle all aspects of the litigation process, ensuring that your rights are protected and your case is presented effectively.
Transparent communication and advice: We keep you informed of any developments in your case, offering straightforward advice on potential costs and legal implications.

At Walker Foster, our focus is not only on resolving your right of way dispute but also on maintaining, or restoring, positive relationships with your neighbours where possible. We aim to bring you peace of mind and a resolution that aligns with your needs and objectives.

What are right of way disputes?

A right of way is a legal entitlement that permits one person to traverse or gain access across another person’s land. These rights can either be public, where a public highway allows anyone to pass, or privately owned land, where a specific individual or group has access. Right of way disputes commonly arise when there is disagreement over the existence, extent, or specific manner of use of these rights. Conflicts can involve private individuals, businesses, or even public bodies, often spurred by factors such as changes in land ownership, modifications to access points, or new developments on neighbouring land.

Right of way disputes frequently include various scenarios, such as:

Disagreements over access routes: These occur when one party believes they have a private right to use a particular path or driveway on another’s property, while the landowner wishes to alter or restrict that access. In cases where a private right of way has not been explicitly documented, disputes can escalate quickly.
Challenges to established paths: Over time, individuals may assume that because a route has been used for many years, it constitutes a legal right of way. However, if this use was with the landowner’s permission or was not formally established, the claim may be contested, requiring legal clarification.
Blocked or obstructed pathways: In some instances, landowners may install fences, gates, or other barriers across a route that others claim as a right of way. Disputes arise when there is disagreement over whether such obstructions are lawful, or if they infringe upon a legally established private right of way.

Interpretations of rights based on historical use: Longstanding but informal access arrangements often lead to differing views on rights of way. A party may assert a right based on historical use, but without clear legal documentation, these claims can be disputed.

How do you prove a right of way?

Proving a right of way typically involves gathering and presenting evidence that demonstrates the legal basis for the access. This evidence can include property deeds, historical maps and Land Registry records that specifically outline easements or rights of access. Additionally, if the right of way is being claimed through long-term use, also known as a prescriptive right, evidence such as witness statements, photographs or dated documents can help to establish that the access route has been used openly, continuously, and without the landowner’s permission for a minimum period - often 20 years.

In some cases, signed agreements or correspondence between previous landowners may also support the claim. A right of way lawyer such as Walker Foster will help you in assembling a robust case, as proving a right of way requires clear and credible documentation to convince a court or the Land Registry that the right has been established under the relevant legal principles.

What is the 20-year rule for the right of way?

The "20-year rule" for the right of way is a legal principle in the UK whereby a private right of way can be established if it has been used openly, continuously, and without permission for a period of at least 20 years. This rule is part of prescriptive rights, allowing someone to claim a legal right to use a path or access route across another person’s land based on prolonged, uninterrupted use.

To qualify under this rule, the use must be obvious and known to the landowner, conducted without secrecy or explicit consent. If these conditions are met, a claimant can apply to formally recognise the right of way through the Land Registry. However, landowners can counter such claims by clearly marking the access as permissive, blocking the route, or taking legal action. This rule provides a way for longstanding informal access arrangements to be legally acknowledged, although each case requires careful consideration of its unique circumstances.

Our approach to right of way disputes

At Walker Foster, we take a comprehensive and personalised approach to right of way disputes. UK law around right of way disputes is nuanced and we recognise that each case has its unique elements. This is why we take the time to understand your specific circumstances and objectives before tailoring our services to fit your needs. Whether your dispute involves an express grant of right of way or questions surrounding landowner's permission, we are here to guide you through the process with expertise and care.

Detailed assessment and planning

Our process begins with an in-depth review of all relevant legal documents, such as deeds, title records, and any prior agreements relating to the right of way. By thoroughly examining these documents, we can assess whether a right of way exists as an express grant, or if it has been established through long-term use without the landowner's permission. We also conduct a detailed discussion with you about your goals to ensure that our strategy aligns with your needs and expectations.

Negotiation and mediation

Whenever possible, we advocate for negotiation and mediation as effective ways to resolve right of way disputes amicably. These approaches can significantly reduce costs, save time, and help preserve positive relationships with neighbours or other parties involved. Our solicitors are skilled in handling sensitive negotiations, working to find common ground while ensuring that your rights are respected. We consider all elements, including any permissions previously granted by the landowner, to reach a fair and satisfactory settlement.

Litigation support

If a dispute cannot be resolved through negotiation, our team is prepared to provide robust litigation support. We have extensive experience in property law and dispute resolution, allowing us to represent you confidently in court. Our solicitors handle all aspects of the litigation process, from preparing the necessary legal documents to presenting your case effectively before the judge. Throughout, we provide clear and transparent guidance on the costs and options available, helping you pursue a favourable outcome that upholds your interests.

Ongoing support and follow-up

Our commitment to you does not end when a resolution is achieved. We offer ongoing support to ensure that any agreements are implemented smoothly and provide guidance on any further legal matters that may arise. This includes helping you understand how the resolution affects your rights and responsibilities and offering advice on maintaining compliance with any express grants or restrictions outlined in the legal documents.

Why choose Walker Foster?

When facing a right of way dispute, having a dedicated and experienced legal team on your side can make a world of difference. Walker Foster offers a supportive and professional service that you can rely on. Here’s why we stand out:

Experienced team: Our solicitors bring a wealth of experience in dealing with right of way disputes, with an in-depth understanding of property law and the specific legal protocols involved. You can rely on our expertise to handle your case effectively.
Client-centred approach: We understand that every client’s needs are unique. Our team takes the time to listen to your concerns and tailor our approach to your individual situation, ensuring that you feel supported and informed every step of the way.
Transparency in pricing: We know that legal costs can be a concern, so we provide upfront information about fees and potential costs related to your case. Our transparent pricing approach ensures there are no hidden surprises.
Local knowledge and commitment: As a firm with deep roots in Yorkshire and surrounding areas, we have an in-depth understanding of local property laws and regulations. This allows us to offer advice that is not only legally sound but also relevant to your specific community.

Trusted by generations, Walker Foster has a long-standing reputation for providing reliable, client-focused legal services. By choosing us, you’re opting for a team that is dedicated to achieving a resolution that aligns with your interests and provides you with peace of mind.

If you’re dealing with a right of way dispute, don’t face it alone. Walker Foster is here to provide you with expert advice, representation, and support throughout the process. Our friendly and approachable team is ready to discuss your case and offer you the guidance you need to find a resolution.

Contact us today to learn how we can help you move forward with confidence and professionalism. Seek legal advice from Walker Foster, and we can be your trusted legal partner in resolving your right of way dispute effectively and with care.