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Rights of Way

Rights of Way


Rights of way can be crucial to the owner of rural land. Either the right is required as it is the only access to land, or there is a concern over third parties and the public having rights over your land.

We frequently work with our clients to ensure that their rights are properly protected. We can check that the right is correctly noted at the Land Registry to avoid the right being lost when land is sold. Also, if the right is not clearly shown in the title documents, we can assist in preparing necessary declarations to prove the rights exist. We also assist where the location or use of a right of way needs varying, for example where there is a proposed development.

With regard to public rights of way, we are experienced in advising in relation to the creation, diversion and extinguishment of these rights. This includes challenging claims, and advising landowners on how to prevent rights from being acquired over their land. We advise on the diversion and extinguishment of routes, the creation of new routes, whether as public rights and way or permissive ways. We have experienced advocates who can provide representation in magistrates courts in relation to applications to change the network or prosecutions, as well as in the County Court.
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