What is a commercial right of way dispute?
A right of way is an easement (a legal right that one property enjoys over another) giving a commercial landowner the right to cross over neighbouring land. The right can be formally granted in a deed, implied or arise due to the length of time the right of way has been used.
Disputes can happen in various ways, there might be an argument over the purposes for which the right can be used; the extent of the land over which the right exists or whether the right is being blocked.
These kinds of disputes can become extremely complex and difficult so it’s best to seek the help of a specialist solicitor as early in the process as possible to help achieve the best outcome.
Here to help
Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.
Commercial right of way disputes can vary drastically and you may be able to apply for an injunction from the court which can help resolve and bring an end to your commercial dispute, including;
- Blocking or interfering with access to businesses and commercial land
- Preventing access to shared rights of way, such as parking or gas pipes
- Overusing a right of way to the point of significant damage or nuisance
- Making changes or alterations to the route of the right of way
Our team of solicitors have experience in successfully handling different commercial right of way disputes and acting on behalf of a wide range of business and commercial clients. Get in touch with a specialist today for more advice and guidance.
Commercial Right of Way Disputes FAQs
What is a dispute over right of way?
A right of way dispute arises when there has been an interference with a right to cross over neighbouring land.
Can a right of way be challenged?
The existence or extent of a right of way can be challenged in the civil courts if the interference is substantial.
Can my neighbour block my right of way?
Your neighbour is allowed to block your right of way to some degree, however, if this interference is substantial enough, you can take legal action.
Can you put gates/fences across your right of way?
You may be able to, provided the neighbour’s gate is unlocked or the neighbour is given a key.
What is the difference between right of way and right of access?
A right of way allows you to pass over property generally whereas a right of access is limited to using the right for a specific purpose.
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