Rights of way are a type of property easement. Effectively they give someone the right to pass through land owned by someone else. They are usually granted to provide access to another location such as a road, public path or another property. Issues over rights of way are one of the most common reasons for property disputes. Finding a legal solution can be challenging. The best place to start is by knowing your rights.
Disputes often occur when access is blocked, there is a misinterpretation of easements and when neighbours disagree. This is a comprehensive guide for individuals and property owners involved in right of way disputes, a common type of land dispute.
We’ve written this for:
Property owners involved in right of way disputes
Tenants facing right of way challenges with neighbouring properties
Legal professionals advising clients on property law and rights of way
Landlords and property developers involved in disputes over access rights
After reading, property owners and tenants will better understand their legal rights regarding rights of way and appreciate the value of seeking legal support from Lawhive to resolve any disputes.
Types of right of way disputes
Disputes over rights of way can arise when someone blocks access, wants to change the route, or claims the usage of a right of way is excessive or being used in a way that doesn’t comply with the rules.
Here are some of the most common types of right of way dispute.
Private rights of way
These disputes often take place between neighbours. Private rights of way can only be accessed by select groups of people such as neighbours who use shared driveways or access paths between neighbouring properties to reach their homes.
These rights of way which allow someone to pass by vehicle or foot through another person’s land are known as easements. This legal right can be created through express grant using a deed of grant, conveyance or transfer.
Disputes can be triggered by someone blocking the right of way and when there is disagreement over who pays maintenance of the right of way, for instance when a road needs repairing or debris needs clearing.
Public rights of way
These disputes take place between landowners and members of the public and pressure groups when access to public rights of way, such as footpaths or bridleways that cross private land is restricted.
Disputes can arise when landowners want to change the boundary of their land, decide that an implied right of way does not have a legal basis and when landowners block access with a fence or erect a new structure.
Easement disputes
Disputes over easements occur over access restrictions, misinterpretation of terms, and enforcement issues. Sometimes disputes occur when one party believes a right of way exists due to an implied right or has been created due to long term use. We can help you remove or enforce easements.
Easements can also be created out of necessity. Pipes and cables owned by utility companies may run under and over private property. When these are installed, the landowner will typically receive a one-off payment. The utility company will reserve the right to permanent access for service and maintenance with reasonable notice.
Or, there may be an easement created to give someone the right to park a car within a defined area of neighbouring land.
Common causes of disputes
To summarise, some of the most common circumstances in which right of way disputes arise include:
When someone assumes that land they've been using for access is public or within their boundary
Disagreement over maintenance responsibilities
Unclear boundaries between properties
Lack of awareness about existing rights
Blockages to rights of way
Legal process for resolving right of way disputes
Initial steps
The initial steps property owners should take when dealing with right of way disputes, include reviewing the deeds. As mentioned, rights of way are given via a deed. This deed should be registered on both property's register of title – when considering right of way disputes between neighbours.
So, the first thing to do in a right of way dispute is to check your Land Registry property title and conveyancing deeds. These will confirm whether there is an easement and outline the terms of a right of way.
Negotiating a resolution
Parties locked in a dispute can use negotiation to reach a suitable agreement, to use forms of alternative dispute resolution (ADR) such as mediation to find common ground. Seeking expert advice before taking legal action is essential as a solicitor can guide you through negotiation or mediation, saving you time and money.
Taking legal action
If negotiation or ADR has been attempted, so called because they are an alternative way to settle a dispute than going to court, then legal action is the last resort to settle a dispute.
Our solicitors can help with the following:
Confirming whether an easement exists
Evaluating the conditions attached to an easement
Rerouting a right of way
Cancelling easements
Obliging someone to repair and maintain a right of way
Court orders and injunctions
Court orders which commonly include injunctions can be used to enforce or prevent certain actions related to rights of way.
Some examples include:
Injunctions to stop someone interfering with an easement
Prevent someone from using a right of way excessively
Injunctions are typically used for the worst form of interference with an easement. This includes building over someone’s right of way without providing another route, or compensation.
An injunction can prevent the continuation of building work that has already begun. They are only granted when compensation wouldn’t be an adequate remedy. If legal action through court proceedings is necessary our experts can provide strong representation for you to ensure you get the outcome you’re looking for.