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Public and Private Rights of Way

A public right of way could be in the form of a footpath, bridleway, restricted byway, byway open to all traffic or a public road that can be used by all members of the public. All of these except public roads are recorded on the Definitive Map and can be modified by an application for reaction, upgrading or deletion.

What is a private right of way?

A private right of way is an easement / right to use someone else’s land/property as a means of access or egress given to a particular individual or group of individuals’ land or property.

Our property dispute resolution team specialises in advising and representing parties in relation to disputes concerning public and private rights of way.

Rights of way disputes are very common for both individuals and companies.

As they are easements, they may have come into existence by express deed or agreement or may be implied by conveyancing transactions and/or created by long use exceeding 20 years.

Does a right of way that the law would recognise exist? Is it recorded on the benefiting land burdened titles? Is it being wrongly claimed? Has it been obstructed in whole or in part? These are just some questions you must address.

Whether you own or are using the land, it is important to reach a resolution quickly and avoid negative interaction escalating.

If you need any help with this area of land law, please contact our specialist property team which is led by Michael Morgan. We can help clients to find resolution in the most complex of cases. Michael is a senior property/land law solicitor now specialising in dealing with land and property investigation, disputes and litigation. Contact Michael on 01204 377632.

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