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Disputes over rights of way can be both stressful and disruptive, particularly when they affect access to your home, land, or business premises.
Whether you are a property owner looking to protect your land or someone who relies on a right of access across neighbouring land, it is important to understand your legal position and the options available to you.
At SMR Solicitors, we support clients across Chichester, Bognor Regis, East Wittering, Selsey, and the wider West Sussex area with clear, practical advice on rights of way and easements.
These matters often involve longstanding arrangements, historic use, or unclear documentation, which can make them feel complex. Our role is to bring clarity, explain your rights in straightforward terms, and guide you towards a resolution that is both effective and proportionate.
Whether you are facing a disagreement with a neighbour, buying or selling property, or simply seeking reassurance about your rights, our land dispute solicitors are here to help you move forward.
Speak to our right of way solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our expert right of way dispute solicitors.
- BOGNOR REGIS - 01243 860323
- CHICHESTER - 01243 780211
- EAST WITTERING - 01243 671782
- SELSEY - 01243 602832
What Is a Right of Way?
A private right of way is a legal entitlement that allows one person to pass over land that belongs to someone else.
It is a type of easement and can apply to various forms of access, including footpaths, shared driveway disputes, or access routes for vehicles.
Rights of way are commonly attached to land or property rather than individuals, meaning they often continue even when ownership changes.
Understanding whether a right of way exists, and the extent of that right, can be essential in avoiding disputes or resolving them effectively.
Types of Rights of Way
Rights of way generally fall into two broad categories, depending on who benefits from the right and how it is used.
Private rights of way
Private rights of way benefit specific individuals or properties. They are often created to allow access to land that would otherwise be landlocked, such as a driveway running across neighbouring property.
These rights are usually set out in property deeds or established through long-term use.
Public rights of way
Public rights of way are routes that the general public has the legal right to use, such as footpaths, bridleways, or byways.
These are typically recorded on local authority maps and may cross private land, although the landowner retains ownership subject to the public’s right of access.
How Rights of Way Are Created
Rights of way can arise in several ways, and identifying how a particular right has been established is often key to resolving any dispute. In many cases, rights of way are expressly granted in legal documents, such as transfer deeds or conveyances, when land is divided or sold.
They may also be implied, for example, where access is necessary for the reasonable use of land, or where it was clearly intended by the parties at the time of a transaction. In other situations, rights can be acquired through long-term use, often referred to as prescription, where access has been used openly and without permission for a significant period.
Common Right of Way Disputes
Disagreements over rights of way can arise for many reasons, often where expectations differ or documentation is unclear. Common issues include disputes about the location or width of a right of way, whether it can be used by vehicles or only on foot, or whether it has been obstructed.
Other disputes may involve questions about maintenance responsibilities, excessive use, or whether a right of way exists at all. In some cases, tensions can escalate between neighbours, particularly where access is essential to daily life or business operations.
How We Can Help With Your Right of Way Dispute
At SMR Solicitors, we take a practical and measured approach to resolving right of way matters. We begin by understanding your circumstances in detail, including reviewing title documents, plans, and any relevant history of the land.
We will explain your rights and obligations in clear terms, helping you to understand where you stand and what options are available. Where appropriate, we can engage with the other party on your behalf to seek an amicable resolution, aiming to preserve relationships where possible.
If a more formal approach is required, we can advise on the next steps, including mediation or court proceedings, always with a focus on achieving a fair and workable outcome.
Resolving Right of Way Disputes
Resolving a right of way dispute does not always require court action. In many cases, disputes can be settled through discussion, negotiation, or alternative dispute resolution methods such as mediation.
These approaches can be more cost-effective and less stressful, particularly where neighbours need to maintain an ongoing relationship.
Where agreement cannot be reached, legal proceedings may be necessary to clarify or enforce rights. This might involve seeking a declaration from the court or an injunction to prevent interference with a right of way.
Frequently asked questions about rights of way
How do I prove I have a right of way over someone's land?
Proof of a right of way may be found in your property title deeds or Land Registry documents, where rights are often formally recorded.
In the absence of written evidence, it may still be possible to establish a right based on long-term use.
This typically requires showing that the access has been used openly, without force, and without permission for many years.
Can my neighbour block my right of way?
If you have a valid right of way, your neighbour is generally not entitled to obstruct it in a way that interferes with your reasonable use.
What amounts to obstructing a private right of way will depend on the circumstances, including the nature of the right and how it has been used historically.
What is the 20-year rule for rights of way?
The 20-year rule refers to a common legal principle under which a right of way may be acquired through long-term use.
If a person has used a route continuously, openly, and without permission for at least 20 years, they may be able to claim a legal right of way by prescription.
Can a right of way be removed or extinguished?
In some circumstances, a right of way can be extinguished, for example, by formal agreement, by changes in the use of the land, or through legal processes.
However, this is not always straightforward, particularly where the right is still required for access to a property. Any attempt to remove or alter a right of way should be approached with care and appropriate legal advice.
How much does it cost to resolve a right of way dispute?
The cost of resolving a dispute will depend on factors such as the complexity of the issue, the level of disagreement, and whether the matter can be resolved without court proceedings.
We aim to provide clear information about costs from the outset and will work with you to find a proportionate approach wherever possible.
What is the difference between a right of way and an easement?
A right of way is a specific type of easement. An easement is a broader legal concept that allows one landowner to use another’s land for a particular purpose, such as access, drainage, or utilities.
Rights of way relate specifically to access, whether on foot or by vehicle.
Why Choose SMR Solicitors for Right of Way Matters?
At SMR Solicitors, we understand that disputes involving property and access can feel personal as well as complex.
Our approach is to provide clear, considered advice that reflects both the legal position and the practical issues you are facing.
With a strong presence across West Sussex, including offices in Chichester, Bognor Regis, East Wittering, and Selsey, we are well placed to support local clients with an in-depth understanding of the area and its property landscape.
We take the time to listen, explain your options in plain English, and work with you to achieve a resolution that protects your interests.
Speak to our right of way solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our expert right of way dispute solicitors.
