Rights of Way Disputes UK: Resolve Access Issues

Overview

A right of way is a form of easement: a legal interest that entitles someone to pass over land belonging to another person for a defined purpose. It does not transfer ownership of the land, and it does not give the person benefiting from it the run of the whole property.

It simply permits movement along a particular route for a particular reason, such as reaching a house, a field, or a public road. In England and Wales there are two broad categories. Public rights of way are open to anyone and include footpaths, bridleways, restricted byways and byways open to all traffic.

These are typically recorded on the definitive map held by the local highway authority. Private rights of way, by contrast, benefit a specific piece of land (the dominant tenement) and burden another (the servient tenement). They pass with the land when it changes hands rather than belonging personally to the current owner.

Private rights of way are usually recorded in title deeds or on the register held by HM Land Registry, though older rights may rest on long use rather than paperwork.

Key steps

1. Check what the paperwork actually says. Start by pulling together the title register and title plan from HM Land Registry for both the benefiting and burdened properties. Look for any express grant, reservation, or reference to an easement. The wording matters: it sets out the route, the purpose, who can use it, and any limits such as vehicular versus pedestrian access. 2. Gather evidence of use on the ground. If the right depends on long use rather than a written grant, evidence of historical use becomes critical. Photographs, old maps, utility plans, statements from previous owners and neighbours, and dated receipts for maintenance work can all help establish when, how, and by whom the route has been used. 3. Try to resolve matters directly first. Many rights of way disputes escalate because communication has broken down. A calm conversation, followed by a written summary setting out what each side understands the position to be, often narrows the issues. Keep correspondence polite and factual, because anything you write may later be seen by a court or tribunal. 4. Consider mediation before litigation. If direct discussions stall, mediation gives both sides a structured setting to reach a workable compromise without the cost and stress of court. A trained mediator will not impose a decision but helps the parties explore practical solutions, such as agreeing a defined route, shared maintenance, or a deed of variation. 5. Take formal action only when necessary. Where agreement cannot be reached, options include applying to HM Land Registry to register a prescriptive easement, seeking a declaration from the County Court or High Court, or pursuing an injunction to stop obstruction or misuse. Court proceedings should be a last resort given the cost, delay, and the lasting impact on neighbourly relations.

Common questions