A disagreement over access can quickly escalate. It might start with a blocked driveway, a neighbour using a shared route inappropriately, a gate being installed without agreement, or confusion over who is allowed to use a private road, and lead to a legal property dispute.
What makes these disputes particularly difficult is that they directly affect daily life. If you can’t get to part of your property, the issue needs to be resolved as quickly as possible. It can also be uncomfortable when the disagreement involves a neighbour, landlord, tenant, business owner or someone you need to remain on reasonable terms with.
As property solicitors, we advise our clients to avoid reacting too quickly before the documents and history of the land have been checked. Rights of way can be straightforward in some cases, but in others, the answer depends on old deeds, title plans, easements and the exact wording of key documents. Getting advice early can help you understand what rights exist, how strong your position is, and what can be done to resolve the issue properly.
What is a Right of Way?
A “right of way” is a legal right that allows someone to access land owned by another person. This might include walking along a footpath, driving on a private road, using a shared driveway or accessing land through a neighbouring property.
Rights of way are often known as easements. They can benefit one property while burdening another. For example, one homeowner might have the right to drive across part of a neighbour’s land to reach their garage. The neighbour might still own that land, but if a legal right exists, they can’t simply block the route.
Some rights of way are clearly recorded in the title documents. Others are less obvious, especially if they have developed through long-term use. This is why it is important not to rely only on what the land looks like or how it has been used previously.
Why Do Rights of Way Disputes Happen?
Disagreements usually arise when one person believes they have the right to use land and another person disagrees. Sometimes the dispute is about the existence of the right itself. In other cases, both sides accept that a right exists, but disagree about how far it goes.
For example, a right of way might allow access on foot, but not by vehicle. It might allow residential access, but not access for business deliveries. It might allow occasional use, but not heavy daily traffic. Small differences in interpretation can create ongoing problems.
Common causes include blocked driveways, locked gates, parking on shared access routes, new fences being installed, disputes over maintenance, or concerns that someone is using the access for a purpose that was never intended. These issues can affect homes, farms, commercial premises and development land.
Check Key Documents Before Taking Action
If you’re involved in a disagreement, the first step is usually to contact a property litigation solicitor. They can review the title documents, plans, deeds and any paperwork linked to the property. These documents can show if a right of way was granted, reserved or restricted when land was sold or transferred, and provide legal advice on how to proceed.
The wording is incredibly important. A few words in an old deed can make a big difference to how the access can be used, especially if the rights are very specific. There might also be conditions attached, such as keeping a gate closed or contributing to maintenance.
By explaining what these documents mean in practical terms, property law specialists can remove a lot of confusion. This can be useful before sending letters, blocking access, removing an obstruction or making any changes to the land. Acting too quickly can make the dispute harder to resolve and may weaken your position.
Ownership and Access Aren’t the Same
A common misunderstanding is that owning land gives someone complete control over who can use it. In reality, one person can own the land while another person has a legal right to use it. The opposite can also be true. Someone may have used a route for years, but that doesn’t automatically mean they have a legal right to continue using it. The details are key, including how the access has been used, for how long, and if permission was ever given.
This is why assumptions can be risky. If you own land that someone else is using, you need to understand if they have a legal right to do so. If you’re using land owned by someone else, you need to know if your access is properly protected. As property law specialists, our team at Ubique Legal look at both the documents and the wider history of the land. This helps build a clearer picture of the rights involved and the options available.
Long-Term Use and Prescriptive Rights
Some rights of way are claimed through continuous, long-term use. These are often known as prescriptive rights. In simple terms, in England and Wales, this means someone might argue they have gained a right to use a route because it has been used openly, without force, without secrecy and without the landowner’s permission for a long period.
These cases are usually evidence-heavy. They typically look at how often the route was used, who it was used by, what it was used for, and if the landowner ever objected to the use. Old photographs, witness statements, historic plans, and previous sale documents are all relevant.
If someone is claiming a prescriptive right over your land, or you believe you have acquired an easement, it’s important to get some practical advice before taking any action. These matters can quickly become technical, and the outcome often depends on the specific facts.
What Evidence Can Help?
Evidence is often one of the most important parts of resolving property litigation matters. Even when a right of way dispute seems clear, documents and records can support your position.
Useful evidence might include title registers, title plans, transfer deeds, old conveyancing documents, photographs, planning documents, letters, emails, maintenance records, and witness statements from people familiar with the land. It can also help to prepare a simple timeline of when the issue started, what happened, who was involved and what has been said. If access has been blocked, take photographs and keep a record of dates.
The aim is to ensure your solicitor properly understands the situation and advises you based on the information and evidence available.
Try to Resolve the Issue Without Making it Worse
Not every property dispute needs to end up in court. In many cases, a practical agreement is the best outcome, especially when landowners will continue to live or work close to each other. A carefully written solicitor’s letter can help because it sets out the issue calmly and clearly. Mediation or negotiation might also be required, depending on the circumstances.
A resolution might involve clarifying how a route can be used, agreeing on parking arrangements, confirming maintenance responsibilities, or removing an obstruction. It’s often best to put a written agreement in place to avoid future confusion, and a property law specialist can help you do so.
Court action might be needed if access is being seriously interfered with, one party refuses to engage, or the dispute can’t be resolved another way. However, litigation should be approached with a clear understanding of the costs, risks and likely outcomes.
What Should You Do if You’re Involved in a Dispute?
If you’re involved in a right of way or access dispute, try not to act in the heat of the moment. Avoid blocking access, removing gates, putting up barriers or sending messages before getting legal advice. Instead, gather any documents you have, write down a clear timeline of what has happened, and keep records of any further incidents.
Once you have all of the key information together, speak to a solicitor. Property litigation solicitors can assess the documents, explain the strength of your position and advise on the most suitable next step. This might involve negotiation, a formal letter, mediation or, where necessary, court proceedings.
Speak to Ubique Legal About a Right of Way or Access Issue
Rights of way issues can be very stressful, especially when they affect your home, land, or business. These matters are rarely just about lines on a plan, they affect how you use your property on a day-to-day basis and your relationship with neighbours.
At Ubique Legal, we advise on rights of way, easements, access issues, boundary concerns and wider property disputes. We can review the legal documents, consider the access history, explain your options and help you decide the most appropriate way forward. Where possible, we aim to resolve matters without unnecessary escalation, but can advise on all legal routes.
If you’re looking for property solicitors in the West Midlands, our team can provide some legal advice on property disputes. Contact Ubique Legal today to find out how we can support you.
