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.
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.
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 Aaron Marshall. We can help clients to find resolution in the most complex of cases. Our team specialise in dealing with land and property investigation, disputes and litigation. Contact Aaron on 01204 920107 or eamil firstname.lastname@example.org.
Our specialist land law team can help you with a full range of legal services.
Contact email@example.com for further information or call us on 01204 377600
Picking up the phone to one of our team will not commit you to taking things forward. We are happy to have an initial, totally confidential conversation with you and go from there.