Hassle-free help from the UK's best Property solicitors.
Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
It shouldn’t take a law degree to find the right legal service for you. With Lawhive, you can get legal help in just a couple of steps.
Answer a few questions on our site and instantly speak to a member of our team for a quote or request a callback at a time you choose.
We’re always open about our fees, so you’ll never pay more than you’re expecting.
Our lawyers are carefully selected for their expertise and experience, so you’re always in safe hands.
01 overview
Rights of way are a type of property easement. Effectively they give someone the right to pass through land owned by someone else. They are usually granted to provide access to another location such as a road, public path or another property. Issues over rights of way are one of the most common reasons for property disputes. Finding a legal solution can be challenging. The best place to start is by knowing your rights.
Disputes often occur when access is blocked, there is a misinterpretation of easements and when neighbours disagree. This is a comprehensive guide for individuals and property owners involved in right of way disputes, a common type of land dispute.
We’ve written this for:
After reading, property owners and tenants will better understand their legal rights regarding rights of way and appreciate the value of seeking legal support from Lawhive to resolve any disputes.
Disputes over rights of way can arise when someone blocks access, wants to change the route, or claims the usage of a right of way is excessive or being used in a way that doesn’t comply with the rules.
Here are some of the most common types of right of way dispute.
Private rights of way
These disputes often take place between neighbours. Private rights of way can only be accessed by select groups of people such as neighbours who use shared driveways or access paths between neighbouring properties to reach their homes.
These rights of way which allow someone to pass by vehicle or foot through another person’s land are known as easements. This legal right can be created through express grant using a deed of grant, conveyance or transfer.
Disputes can be triggered by someone blocking the right of way and when there is disagreement over who pays maintenance of the right of way, for instance when a road needs repairing or debris needs clearing.
These disputes take place between landowners and members of the public and pressure groups when access to public rights of way, such as footpaths or bridleways that cross private land is restricted.
Disputes can arise when landowners want to change the boundary of their land, decide that an implied right of way does not have a legal basis and when landowners block access with a fence or erect a new structure.
Easement disputes
Disputes over easements occur over access restrictions, misinterpretation of terms, and enforcement issues. Sometimes disputes occur when one party believes a right of way exists due to an implied right or has been created due to long term use. We can help you remove or enforce easements.
Easements can also be created out of necessity. Pipes and cables owned by utility companies may run under and over private property. When these are installed, the landowner will typically receive a one-off payment. The utility company will reserve the right to permanent access for service and maintenance with reasonable notice.
Or, there may be an easement created to give someone the right to park a car within a defined area of neighbouring land.
To summarise, some of the most common circumstances in which right of way disputes arise include:
The initial steps property owners should take when dealing with right of way disputes, include reviewing the deeds. As mentioned, rights of way are given via a deed. This deed should be registered on both property's register of title – when considering right of way disputes between neighbours.
So, the first thing to do in a right of way dispute is to check your Land Registry property title and conveyancing deeds. These will confirm whether there is an easement and outline the terms of a right of way.
Parties locked in a dispute can use negotiation to reach a suitable agreement, to use forms of alternative dispute resolution (ADR) such as mediation to find common ground. Seeking expert advice before taking legal action is essential as a solicitor can guide you through negotiation or mediation, saving you time and money.
If negotiation or ADR has been attempted, so called because they are an alternative way to settle a dispute than going to court, then legal action is the last resort to settle a dispute.
Our solicitors can help with the following:
Court orders and injunctions
Court orders which commonly include injunctions can be used to enforce or prevent certain actions related to rights of way.
Some examples include:
Injunctions are typically used for the worst form of interference with an easement. This includes building over someone’s right of way without providing another route, or compensation.
An injunction can prevent the continuation of building work that has already begun. They are only granted when compensation wouldn’t be an adequate remedy. If legal action through court proceedings is necessary our experts can provide strong representation for you to ensure you get the outcome you’re looking for.
Right of way disputes can affect property value and saleability, particularly when access to properties is compromised. This is because potential buyers can be put off by legal complexities and the costs involved in settling a dispute.
A dispute can lead to longer times on the housing market and fewer interested buyers, which can lead to lower offers.
Rights of way require maintenance obligations and potential ongoing legal costs these are further issues that can spook potential buyers.
This is why it is important to settle a dispute before putting a property on the market if possible.
To understand whether litigation is the right path for you, it is important to be aware of the potential costs of litigation.
You will have to pay solicitor’s fees and there are financial risks when taking a right of way dispute to court. These include legal fees and the potential for lengthy litigation.
Legal fees
Right of way disputes have associated costs including solicitor fees, court fees, and the costs of land surveys or expert witnesses.
Surveyor fees
You will also have to pay surveyor fees in right way disputes as surveyors are essential to understanding land boundaries. There are costs associated with obtaining professional surveys to clarify boundaries and easements.
Can a right of way be removed or altered?
Yes, an easement can be removed by express release from the dominant land owner, the land where the easement passes through, to the servient owner, the landowner who benefits from the easement.
An implied release occurs when the person with the benefit doesn’t exercise their right for more than 20 years.
What are my legal options if a neighbour blocks my right of way?
Firstly, you should ascertain if your right of way exists legally by checking your property deeds.
Often a simple conversation with your neighbour can clear up any issues, especially when they are unaware they are blocking a right of way.
If that doesn’t resolve the issue the next step is to seek legal advice with one of our solicitors who specialises in right of way disputes.
Most disputes can be solved via mediation with a neutral third party to reach an agreement. If that fails the final recourse is to take legal action to assert your rights.
How much does it cost to resolve a right of way dispute?
The cost for a licensed solicitor to help with a right of way dispute is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £112-£149 but in some cases it could cost as much as £186.
Here are three good reasons to seek legal advice from Lawhive:
It’s crucial to understand and enforce rights of way to avoid disputes and legal challenges. Our solicitors can help you understand the legalities of rights of way associated with your land. If you are involved in a right of way dispute, seek legal advice from our team to ensure your rights are protected. Book a free legal assessment today.
With straightforward pricing - so you know exactly what to expect at every step.
