Rights of Way Disputes

Right of way disputes are not an uncommon issue for both private individuals and companies. the key word here is ‘assume’. Disputes often occur when an individual or business has assumed that the land they were using for access was either within their boundary or was publicly rather than privately owned land. When the owner of the land re-asserts his/her rights it can cause a conflict situation leading to a dispute

Implications of Rights of Way Disputes

The implications are potentially very serious. It can make it difficult, if not impossible, to keep access you need to your property or business. Without access this may seriously impede your ability to continue servicing your customers and could necessitate you moving to other premises if you are running a business.

Common sense advice is to try and seek to maintain friendly relations with your private or commercial neighbours. You should know where the boundaries of your property and the right of way to it, rather than assuming that what has been done and used in the past is legally acceptable

Do not take unilateral action until you have taken legal advice. Blocking access or forcing your way through someone else’s land can aggravate what is already a difficult situation.

Meet the Conflict & Disputes Team

Daniel Crate

Solicitor
01483 302 000

Darryn Harris

Associate Solicitor
01483 540 536

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