Right of Way Disputes

At Hibberts Solicitors, our team of Cheshire-based right of way dispute solicitors help individuals, farmers, landowners, and developers to resolve easement and land access disputes as quickly and amicably as possible.

We have years of experience handling both residential and agricultural right of way disputes across Nantwich, Crewe, Tarporley, and Whitchurch. This experience gives us insight into the unique challenges these disputes can create, helping us to provide clear, expert guidance on the most effective ways to resolve disputes and protect our clients’ rights.

Whether you’re concerned about a right of way that has been blocked or wish to challenge a right of way that runs over your land, contact our team for clear and tailored legal advice on how to protect your interests and achieve the best possible outcome.

What is a Right of Way?

A right of way is a legal right that allows someone to cross land that belongs to someone else. A public right of way is a path that anyone can use, like a public footpath or bridleway, while a private right of way applies to specific people only.

Most rights of way are created using a legal document called a deed of grant commonly referred to as an easement.  Easements give people the legal right to use or do something on another person’s land.

Easement disputes often occur when the wording of the easement is unclear, there is uncertainty surrounding property boundaries, the right of way is being misused, or access becomes obstructed.

What types of right of way and easement disputes do we handle?

With extensive experience in dispute resolution, property law, and agricultural law, our solicitors resolve access and easement disputes of all shapes and sizes. Some of the most common types of disputes that we deal with are:

• Blocked or obstructed rights of way.
• Disputes about whether a legal right of way exists.
• Claims for prescriptive rights of way.
• Developer and landowner disputes over access routes.
• Disagreements over the scope of a right of way.
• Agricultural and rural access disputes.

How can our right of way dispute lawyers help you?

If you wish to challenge a right of way, apply for a right of way easement, or resolve a neighbour access dispute, our team of easement dispute solicitors can guide you through the process, providing legal advice to help safeguard your best interests.

Our services include:

• Reviewing title deeds and Land Registry documents.
• Checking if a right of way exists and assessing its scope.
• Negotiating with neighbours or landowners on your behalf.
• Mediation services.
• Applying for an injunction to remove an obstruction or prevent interference.
• Creating a new right of way.
• Challenging the validity of an easement.
• Representing you in court.

Usually, seeking legal advice early on can prevent the dispute from escalating into a more costly and stressful litigation.

What to do if your right of way is blocked?

If a right of way has been blocked, it’s important that you don’t try to remove the obstruction yourself.

Instead, seek legal advice from our right of way solicitors in Nantwich to confirm that a legal right of way exists.

We can draft you a formal legal letter to request that the obstruction be removed or help you to apply to the court for an injunction if the problem persists.

Can a right of way be removed or challenged?

Removing or modifying a right of way is not straightforward. You may have a case to remove or modify an easement if it was drafted incorrectly, the right has not been used for many years, the right is being used beyond its scope, or if it was claimed through prescription, but the legal requirements were not met.

Contact our easement dispute solicitor to understand your legal position and what steps you can take to resolve your dispute.

Contact Hibberts Solicitors today for help resolving a right of way dispute

Rights of way disputes can have a serious effect on property value, development potential, farming operations, and even long-standing neighbour relationships. That’s why it’s so important to seek legal advice quickly, before the situation escalates or any action is taken.

Whether you’re dealing with a neighbour access dispute in Crewe, a blocked right of way in Nantwich, or an agricultural easement dispute in Tarporley or Northwich, our experienced team of right of way dispute lawyers can guide you through the legal process and help you achieve the best possible outcome.

With over 227 years of experience handling right of way disputes across Cheshire, we offer a personal and professional service – every time.  

Contact our team today by calling 01270 624 225 or emailing enquiries@hibberts.com to speak to a specialist solicitor and take the first step towards resolving your right of way dispute.