Legal advice on rights of way and easements
Owning property doesn’t necessarily mean an exclusive right to use it. Other people may have legal rights over the land which need to be observed. It’s an area of law which frequently leads to tensions and disputes. Your land, or an interest that you have in a piece of land, is one of the most valuable things that you own, so you must look after and protect that asset. At Nelsons, our team of property dispute solicitors in Derby, Leicester and Nottingham can help you do this!
We understand that issues surrounding rights of way and access can be complex and often contentious. Our experienced team is here to provide clear, practical advice and robust representation to help you navigate these challenges.
Contact Us TodayRelated services
What are rights of way?
A right of way is a legal right to pass over someone else’s property. There can be public rights of way across footpaths, or rights of way across private land, known as easements.
These rights can be established through various means, including:
- Express grant – A right of way explicitly granted by the property owner.
- Implied grant – A right of way that is not explicitly stated but is necessary for the reasonable use of the property.
- Prescription – A right of way acquired through long-term use without the owner’s permission.
Each has the potential to cause legal and practical problems for property owners, whether residential or commercial.
Common issues with rights of way
Disputes over rights of way can arise for many reasons, including:
- Obstruction – When a property owner blocks or restricts access.
- Maintenance – Disagreements over who is responsible for maintaining the path or road.
- Usage – Conflicts over the extent or manner of use, such as whether vehicles are allowed.
Meet the team
-
Simon WaterfieldPartner & Solicitor
-
Chris ChanPartner & Solicitor
-
Andy RudkinPartner & Solicitor
-
Lewis AddisonPartner & Solicitor
-
Paula HaverkampSenior Associate & Litigation Executive
How we can help
If rights of way and access issues are causing you problems, our team of expert solicitors can help. Land disputes can quickly become expensive and acrimonious, so our solicitors get to the heart of any problem quickly, designing the best possible solution for clients. With Court proceedings always a last resort, we use skills in negotiation and Alternative Dispute Resolution for effective results.
We can also assist landowners in challenging rights of way claims made against their land, advising on the best ways to protect the land from general use and the burden that a legal right of way imposes. We offer expert formal public inquiry representation to challenge the decision of a Local Authority to alter or create a right of way.
Why choose Nelsons?
- Expertise – Our team has a deep understanding of property law and extensive experience in rights of way cases. The team is also recommended by the independently-researched publication, The Legal 500, as being one of the top teams of experts in the country.
- Personalised service – We tailor our approach to meet your specific needs and circumstances.
- Proven track record – We have successfully resolved numerous rights of way disputes for our clients.
If you are currently experiencing issues with a right of way and would like some advice, please contact our expert team property dispute solicitors in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.
Make an enquiry
If you wish to contact us, please complete the form below. A member of our team will be in touch as soon as possible.
When you submit this form, you are consenting to a member of our team to contact you via phone or email regarding your request.
We encourage you to review our Privacy Notice
Main Contact Form
Used on contact page
Rights of Way & Access FAQS
Below, we have answered some frequently asked questions concerning rights of way & access
-
How can I find out if there is a right of way on my property?
You can check your property deeds or the Land Registry records. These documents should detail any rights of way affecting your property.
-
Can a right of way be removed?
In some cases, a right of way can be extinguished, but this typically requires agreement from all parties involved or a Court order. It can be a complex process, so legal advice is recommended.
-
Who is responsible for maintaining a right of way?
Responsibility for maintenance can vary. It may be specified in the property deeds or agreed upon by the parties involved. If not, it often falls to the person benefiting from the right of way.
-
What should I do if my right of way is obstructed?
If your right of way is obstructed, you should first try to resolve the issue amicably with the property owner. If this is not possible, legal action may be necessary to enforce your rights.
-
Can I change the route of a right of way?
Changing the route of a right of way usually requires the agreement of all parties involved. It may also need to be formally documented and registered.
-
What is a prescriptive right of way?
A prescriptive right of way is acquired through long-term use without the owner’s permission. Typically, this requires continuous use for at least 20 years.
-
Can a right of way be used for any purpose?
The use of a right of way is generally limited to the purposes for which it was granted. For example, a right of way for pedestrian access may not allow vehicle access.
Get in touch
Speak to us now on 0800 024 1976Email Us
