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Rights of Way

Duncan Lewis Property Dispute Solicitors – Rights of Way Disputes


Disputes over rights of way across a piece of land, footpath or driveway or boundary need to be dealt with quickly – and taking advice from a specialist rights of way solicitor at an early stage of a dispute can protect your interests and your property.


Rights of way disputes between neighbours may also involve one neighbour failing to repair or maintain a right of way – or using a right of way so frequently that it causes nuisance to another neighbour or damage to their property.


Solicitors dealing in rights of way disputes can also advise on alterations to a right of way without the consent of a neighbour who benefits from the right of way.


It is important to act quickly in property disputes as in some circumstances, a right over property or land can be established simply by using the land or property unchallenged – for example, if someone has used a right of way over land you own for 20 years without being challenged, their future right may be established under the law.


Duncan Lewis rights of way solicitors can advise on the best remedy to a situation involving a dispute with a neighbour over a right of way – such as negotiating to stop interference in a right of way and/or making a compensation claim for inconvenience or other loss which results from a rights of way dispute.


Rights of Way Injunctions


Injunctions are court orders granted by the court to stop certain activities or bring an end to a situation – including disputes between neighbours involving rights of way, where one neighbour is infringing another neighbour’s rights or property.


If a court agrees with the applicant and grants an injunction to stop a neighbour causing interference or damage to land or property, the cost of applying for an injunction is usually borne by the opponent who has caused the dispute.


In rights of way cases where a boundary is disputed, one party may also apply to the court to rule on where the boundary should be if agreement cannot be reached out-of-court.


Duncan Lewis property dispute solicitors may also be able to advise on injunctions for disputes involving rights of light, where a development has restricted light in a property to such an extent that it prevents normal usage.


Making Rights of Way Claims


Under civil law, claimants usually have six years from the start of a dispute in which to make a claim – although in property cases it is advisable to take action as soon as a problem occurs to prevent further damage, or the opponent establishing any right by simply using the land or property under dispute.


Duncan Lewis rights of way solicitors can advise on applying for an injunction if your neighbour has not responded to your attempts to settle the matter – and can also advise on alternatives to legal action, such as dispute resolution and mediation.


A pre-action letter setting out the details of any rights of way claim can be sent to the opponent.


A claim for compensation or any repairs needed if damage has been caused – known as a court order – can also be lodged with the court before being served on your neighbour, to protect your interests and your property.


Duncan Lewis property dispute solicitors can advise further on the best course of action in a rights of way dispute, once the details of the case have been assessed.


Funding Rights of Way Claims


Duncan Lewis property dispute solicitors can usually offer clients who wish to take legal action in a rights of way dispute a Conditional Fee Agreement (CFA) to fund their case.


Duncan Lewis property dispute solicitors also offer a fixed fee arrangement for the initial assessment of a case involving a rights of way dispute, so our clients know exactly how much they will be paying from the outset.


For expert and effective legal advice on Rights of Way Disputes, call Duncan Lewis Property Dispute Solicitors on 020 7923 4020.

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