Right of way disputes

Right of way disputes can impede access and use of your property, leading to significant inconvenience and potential legal conflicts.

Moore Barlow’s expert solicitors offer clear legal advice and representation to resolve these issues, ensuring your access rights are protected. We work to clarify the terms of existing rights of way, negotiate with affected parties, and, if necessary, pursue legal action to enforce your rights.

Our comprehensive services include reviewing property documents, consulting with land surveyors, and providing strategic advice tailored to your specific situation. By addressing right of way disputes promptly and effectively, we help you maintain the full use and enjoyment of your property. Trust Moore Barlow to handle your right of way disputes with professionalism and expertise.

Can a neighbour block your right of way?

No, a neighbour cannot legally block your right of way if it is an established legal right. A right of way is typically an easement, which gives someone the legal right to pass over another person’s land. If you have a valid right of way, it is unlawful for your neighbour to obstruct it.

What are right of way disputes?

Right of way disputes involve conflicts over the legal right to access or pass through someone else’s property. These disputes often require clarification of property deeds and historical usage rights.

Disputes can arise when there is disagreement about the existence, extent, or usage of the right of way. If your neighbour blocks your access, you should first try to resolve the issue amicably, perhaps through a conversation or mediation. If this approach does not work, you may need to take legal action to assert your rights and remove the obstruction.

Gathering evidence of the blockage, such as photographs and witness statements, can strengthen your case. Consulting with a solicitor who specialises in property law can help you understand your rights and the best steps to take. At Moore Barlow, we can assist you in enforcing your right of way, ensuring that your access is restored and that your legal rights are protected.

Types of right of way disputes

Types of right of way disputes can vary depending on the nature of the disagreement and the specific circumstances involved. Here are some common types:

Obstruction of a right of way

This dispute arises when a property owner or neighbour blocks or obstructs an established right of way, preventing or hindering access. This can involve physical barriers like gates, fences, or vehicles placed in the pathway.

Disagreement over the extent of the right of way

In some cases, disputes occur over the specific width, location, or scope of the right of way. This can include disagreements about whether the right of way allows for vehicular access or is limited to pedestrian use, or whether it applies to the entire width of a path or just a portion of it.

Disputes over the existence of a right of way

These disputes involve challenges to whether a right of way exists at all. A neighbour may claim that no such right was ever legally granted or that it has been abandoned due to non-use or other factors.

Issues with maintenance and responsibility

Disputes can also arise over who is responsible for maintaining the right of way, such as clearing vegetation or repairing the surface. Neighbours may disagree over the extent of each party’s responsibilities for keeping the right of way in usable condition.

Excessive use or misuse of a right of way

A right of way dispute can occur if one party believes that the other is using the right of way beyond what was originally agreed upon, such as allowing more people to use the path than intended or using it for purposes not covered by the original agreement.

Creation of a new right of way

Sometimes disputes arise when one party claims a new right of way through prescription, after having used a particular route for an extended period (usually 20 years), while the other party contests this claim.

Each type of dispute requires careful consideration of legal documents, historical use, and the specific circumstances surrounding the right of way. Seeking legal advice is often essential to resolving these disputes effectively.

Can you lose a right of way by not using it?

Yes, you can lose a right of way if it is not used for an extended period, but this depends on the specific circumstances and legal principles like abandonment. Continuous non-use alone may not be sufficient; there must be clear evidence of intent to abandon the right.

How do you prove a right of way?

Prescription occurs when someone has continuously exercised a right for at least 20 years. For instance, if a neighbour has been crossing your garden to put their bins out weekly for 20 years, their long-term use may establish a legitimate right of way through prescription.

How we can help

At Moore Barlow, our experienced solicitors are skilled in resolving these disputes efficiently and effectively. We begin by thoroughly assessing the details of your case, including any relevant property deeds, historical usage, and the specific legal issues involved.

Whether you are seeking to establish, challenge, or enforce a right of way, our team will provide clear, strategic advice tailored to your unique circumstances. We are committed to resolving disputes in a way that minimises conflict and disruption, whether through negotiation, mediation, or, if necessary, court proceedings. Our goal is to protect your property rights and find a practical solution that meets your needs.