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Legal Support in Right of Way Disputes

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Publication date: 30.07.2025
Reading time: 5 minutes
Number of views: 38
Stage Term (days) Cost
  • 1
    Legal opinion on the clients situation
    10 £492.00

    Solicitor’s actions:

    • Analysing the client’s legal position based on Land Registry data, title documents, and prior agreements between the parties.
    • Assessing the type of access right (express, implied, prescriptive) and its validity.
    • Conducting legal research under the laws of England and Wales or Scotland/Northern Ireland (depending on jurisdiction).
    • Preparing a written legal opinion with an assessment of dispute resolution prospects.
  • 2
    Pre-litigation resolution of neighbour dispute
    20 £738.00

    Solicitor’s actions:

    • Drafting and sending a letter of claim to the other party with legal justification of the client’s position.
    • Communicating with the opposing party’s representatives to seek compromise.
    • Reviewing the response and preparing legal countermeasures.
    • Drafting a deed of easement or settlement agreement if consensus is reached.
     
  • 3
    Legal support during mediation or alternative dispute resolution
    30 £1,230.00

    Solicitor’s actions:

    • Preparing for mediation, analysing both parties’ positions.
    • Representing the client during mediation sessions.
    • Drafting an agreed access agreement or documentation confirming the settlement.
    • Advising on registration of access rights with the Land Registry.
  • 4
    Court representation of the client
    180 £3,690.00

    Solicitor’s actions:

    • Preparing a claim or defence in a case concerning establishment or challenge of access rights.
    • Collecting evidence: maps, witness statements, prior documentation.
    • Attending preliminary hearings and the main trial.
    • Drafting judgments and overseeing enforcement of the court decision.
  • 5
    Registration or removal of access rights in Land Registry
    20 £369.00

    Solicitor’s actions:

    • Preparing documents for submission to Land Registry (form AP1, map, legal basis for access right).
    • Managing the process of updating the land title.
    • Corresponding with the registrar in case of queries or refusals.
    • Delivering the final registered document to the client.
In general
260 £6,519.00

Legal Support in Right of Way Disputes — Request Legal Assistance in the United Kingdom

 

Legal support in disputes concerning rights of access to neighbouring land (right of way) is essential for individuals who:

  • believe they hold or are subject to a right of access across another person’s land
  • face obstruction or denial of access
  • intend to formally establish, confirm, or limit a right of way

The client’s objective is to assert or exercise the right of access, resolve conflict with neighbours or landowners, and protect property rights.

 

Legal Analysis of Right of Way — Establishing the Basis for Legal Protection

 

Effective legal support begins with determining whether a right of way exists, how it was created, and whether it is properly documented.

Solicitor’s actions:

  1. Conducting a consultation and analysing the circumstances of the dispute.
  2. Examining title deeds, plans, and Land Registry entries for any easement or right of way.
  3. Assessing the possibility of establishing a right through prescription (20 years of use without permission) or implied necessity.
  4. Preparing a legal opinion and recommendations.
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Outcome: The client receives a clear legal justification for their position, an understanding of the likelihood of success, and a strategic choice — whether to pursue court action, initiate negotiations, or begin mediation.

 

Negotiation and Mediation in Right of Way Disputes — Peaceful Resolution

 

In many cases, disputes can be resolved out of court, preserving relationships and reducing costs.

Solicitor’s actions:

  1. Drafting a formal letter to neighbours or landowners.
  2. Organising or participating in mediation.
  3. Developing a constructive position and arguments in favour of the client.
  4. Preparing a final agreement or contract regarding access rights.
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Outcome: The client obtains a formalised mechanism for exercising the right of way, a signed agreement with the neighbour outlining the terms of access or use, and reduced risk of future disputes.

 

Litigation Support in Right of Way Cases — Legal Enforcement

 

If no agreement is reached, court action may be necessary — including injunctions (court orders to compel or prohibit actions) and claims for compensation.

Solicitor’s actions:

  1. Preparing a claim or defence.
  2. Collecting and presenting evidence (contracts, historical use, witness statements, maps).
  3. Facilitating expert assessments of boundaries and access.
  4. Representing the client in court.
  5. Supporting enforcement of the court’s decision, including injunctive relief or compensation.
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Outcome: The client receives legally enforced access rights, a formal court ruling confirming or establishing the right, and the possibility of recovering damages for interference.

Conclusion

Legal support in right of way disputes provides clients with comprehensive assistance — from initial legal analysis to negotiated settlement or court protection. The service ensures clear establishment, defence, and implementation of access rights, minimises risks and losses, and delivers legally sound solutions in complex neighbour disputes. The Consultant legal marketplace team guarantees a professional approach, practical strategies, and protection of the client’s interests at every stage of the case.

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  • Can I compel my neighbour to grant access to my plot if there is no other entrance?
  • Do I need to prove that I’ve used the path for a certain period to establish a right of way?
  • Can a solicitor assist in negotiations with my neighbour before court proceedings begin?
  • Can I take legal action if my neighbour blocks a path I’ve used for many years?
  • Can court proceedings be avoided if both parties agree to sign an access agreement?
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