At AFG LAW, we specialise in helping individuals, landowners, and developers resolve disputes and legal issues related to rights of way. With decades of experience in this complex field, our rights of way solicitors understand the unique challenges these cases present, and we are committed to providing clear, practical advice tailored to each client’s situation.
Whether you are dealing with a dispute over a shared driveway, a blocked access route, or a question over the legal status of a pathway or road, our knowledgeable team can help. From our offices in Bolton and Bury, we have supported clients across the North West and beyond, helping them to resolve access disputes swiftly and cost-effectively.
What Are Rights of Way?
A right of way is a legal right to pass through property owned by someone else. These rights can exist in many forms, including public footpaths, bridleways, and private easements. A right of way can be granted formally through deeds or agreements, or acquired over time through long-term usage, often referred to as “prescriptive rights”.
Problems arise when these access rights are disputed, misunderstood, or obstructed. Whether the issue relates to pedestrian or vehicle access, the use of private land, or access for development, the impact can be significant, especially when these disputes escalate. If you are experiencing a dispute over a right of way, it is important that you act quickly to protect your interests.
Our team of property dispute solicitors will provide the legal advice and assistance required to resolve your dispute as amicably and cost effectively as possible.
The Impact of Rights of Way Disputes
Rights of way and access issues can have wide reaching effects on both property and personal relationships. For this reason, it is vital to address concerns as early as possible. Some of the common consequences of unresolved access disputes include:
Devaluation of property
An unresolved rights of way issue can significantly reduce the market value of a home or piece of land.
Access limitations
Legal disputes may affect the types of vehicles permitted to use a route, which can be particularly problematic for agricultural, commercial, or development purposes.
Disputes over use
Questions may arise about who can use the access, when, and for what purpose. This is especially relevant in cases where rights of way are shared or cross multiple properties.
Parking issues
Rights of way sometimes involve shared driveways or private roads, leading to conflict over parking arrangements.
Strained neighbour relationships
These disputes often arise between neighbours and can quickly sour otherwise cordial relations if not handled delicately and professionally.
Resolving Rights of Way Disputes
Resolving rights of way disputes requires a careful balance between protecting legal rights and maintaining good relationships, particularly when disputes involve neighbours or shared access routes.
The first step is often to clarify the legal position by reviewing title deeds, Land Registry records, historical documents, and any formal agreements or long-term usage patterns that may establish a right of way.
Under civil law, individuals typically have up to six years from the date of the dispute to bring a claim. However, in property and land-related matters, it’s strongly advised to take early legal advice and act quickly. Prompt action can help prevent further damage and reduce the risk of the other party acquiring legal rights through prolonged unauthorised use.
In many cases, disputes can be resolved through alternative dispute resolution methods, such as negotiation or mediation, where both parties agree on reasonable terms for access or restrictions.
If informal resolution is not possible, court proceedings may be necessary to enforce or challenge the right of way.
In situations where damage has occurred or access has been unlawfully denied, a claim for compensation or a repair can be submitted. This is then served on the other party to protect your property and legal interests.
At AFG LAW, our rights of way solicitors aim to resolve disputes as efficiently as possible, minimising stress and cost while ensuring our clients’ rights and interests are fully protected.
Injunctions in Rights of Way Disputes
Injunctions are legal orders issued by the court to either prevent a specific action or require someone to take a particular step. They are often used in rights of way disputes, especially where a neighbour is obstructing or infringing upon another person’s legal right of access or use of land.
If the court finds in favour of the applicant, it can issue an injunction to stop the offending neighbour from continuing the interference or causing further damage. In many cases, the person responsible for the unlawful activity may also be ordered to pay the legal costs associated with obtaining the injunction.
In circumstances where a rights of way issue involves a disputed boundary, one party can apply to the court for a declaration to formally determine the correct boundary line if agreement cannot be reached through negotiation.
Injunctions may also be sought in cases involving loss of rights to natural light, such as where a new development significantly blocks light to a neighbouring property, preventing its normal use. These are known as rights of light disputes.
Why Choose AFG LAW Rights of Way Solicitors?
At AFG LAW, we understand that no two rights of way cases are the same. The laws governing access and property boundaries are often complex and require detailed analysis and interpretation. Our solicitors are experienced in navigating these challenges and can provide you with a clear understanding of your position and the options available to you.
We regularly assist both private individuals and businesses with rights of way matters, and we approach each case with a fresh perspective, a meticulous eye for detail, and a commitment to achieving a fair resolution.
Our rights of way solicitors can assist with:
- Consultation, commentary and reports
- Investigation and research for evidence and background of a case
- Advice on possible courses of action
AFG Law is a law firm with offices based in Bury, Bolton and Stockport, assisting clients nationwide.
If you would like to speak to our rights of way solicitors about an issue, contact our Dispute Resolution Team on 01204 920104 or email disputeresolution@afglaw.co.uk
Speak to a solicitor
Get in touch
