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.
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. Each has the potential to cause legal and practical problems for property owners, whether residential or commercial.
Difficulties tend to arise when there are disagreements about whether a right of way exists, the extent of that right, and the obligations in relation to it. It may be that a legal right of way isn’t being honoured by a neighbouring landowner, or because a neighbour is not maintaining an access route.
About our right of way solicitors
If rights of way and access issues are causing problems, our team of expert solicitors can help. Disputes about land can quickly become expensive and acrimonious, so our right of way solicitors gets 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 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.
Please contact us today for a no obligation discussion to find out how our property dispute solicitors in Derby, Leicester and Nottingham might be able to help you.
"Nelsons...has a well-established reputation in property litigation, as is reflected by its ability to consistently win new work from regional and national clients. Its practice has gone from strength to strength under the leadership of team head Simon Waterfield, whose sole specialism is in property disputes; there has been a notable increase in work from developers. Boundary and easement disputes are among the drivers of activity for the firm, which also sees a strong flow of commercial landlord and tenant matters, such as contentious lease renewals, forfeiture disputes and dilapidations cases. Traveller eviction cases are another notable area of activity."Legal 500
"Nelsons' approach is always commercial, and you are always left with the feeling that its team is giving you the right advice, rather than the advice that feathers its own nest."Client Feedback