Access Disputes

Legal guidance and representation

Disputes over property access can be challenging, especially when you need to enter someone else's land for repairs, maintenance or other reasons such as access to your own property.

At Walker Foster Solicitors, our property access dispute lawyers understand how difficult these situations can be. We are here to provide clear, practical advice and, if necessary, strong legal representation to help you achieve a resolution. We maintain consistent communication throughout the process, supporting you throughout the process and keeping you informed at every stage while working towards the most positive outcome for you.

Get in touch today to discuss how we can help with your access dispute.

How Walker Foster can help with access disputes

Access disputes can arise for many reasons, from disagreements over property boundaries to issues concerning easements or rights of way. Our experienced lawyers will assess your situation carefully and provide tailored legal advice to help you resolve the issue effectively.

We assist with:

Initial consultations and assessments: we review relevant documents, such as property deeds and Land Registry records, to establish your legal position and options. This includes identifying any existing rights of way, easements or legal provisions that may support your claim or defence.
Negotiation and mediation: where possible, we aim to resolve disputes amicably through direct discussions or alternative dispute resolution methods, such as mediation. This approach helps maintain neighbourly relationships while achieving a practical solution that works for all parties involved.
Legal enforcement: if a resolution cannot be reached, we can take legal action on your behalf, whether that involves securing an access order or defending your rights in court. We provide clear guidance on the legal process and potential outcomes, ensuring you have the support needed to protect your interests.
Ongoing support: we continue to advise you beyond the initial resolution, ensuring that agreements are properly followed and preventing future disputes from arising. If new issues emerge, we can help enforce existing agreements or renegotiate terms where necessary.

What are access disputes?

Access disputes occur when one party needs to enter another person’s property, but the owner refuses or places restrictions on that access. These disputes commonly involve:

Easements and rights of way: if you have a legal right of access, disputes may arise when a neighbour challenges or obstructs it. Issues can become more complicated when a new owner of the land involved disputes an existing arrangement or seeks to change an established path leading to another property.

Access for maintenance and repairs: under the Access to Neighbouring Land Act 1992, you may have a legal right to gain access to a neighbour’s land for essential repairs. However, disagreements can still occur, particularly if a locked gate, obstruction or new fencing prevents entry.

Boundary dispute: uncertainty over property boundaries can lead to disputes over whether access should be granted or denied. Disputes often arise when a path leading to a property crosses another person's land, or when there is confusion over historic agreements.
Obstructions and restrictions: a neighbour may place physical barriers, such as gates or fences, to prevent access, even when legal rights exist. This is particularly common in road access disputes, where a blocked entryway can severely impact a property’s accessibility and usability.
Disputes over title deeds: conflicts can emerge when inconsistencies in title deeds create uncertainty about access rights. If historical records are unclear or contradict current property boundaries, disputes can arise over who has the legal authority to use or restrict access to a specific area.
Public access to highways or paths: disputes can arise when a public right of way, including public highways such as a footpath or bridleway, is obstructed or restricted by a landowner.

Access disputes can escalate if not handled properly, which is why seeking legal advice early can help prevent unnecessary costs and complications. Whether the dispute concerns an easement, right of way, or an obstruction placed on land owned by another party, our lawyers can provide the guidance needed to resolve the matter effectively.

Please note that the examples given above are for informational purposes only, and are not intended to be exhaustive. Specialist advice that is specific to your case should be obtained if you require assistance with an access dispute.

Our approach to access disputes

At Walker Foster, we take a structured and pragmatic approach to resolving access disputes. Every case is unique, and we tailor our approach to suit your circumstances. Our process includes:

Negotiation first: whenever possible, we seek to resolve disputes through negotiation and mediation, as this can lead to faster and more cost-effective solutions. Alternative dispute resolution methods can help all parties reach an agreement without the need for court intervention.
Legal intervention where necessary: if informal discussions do not resolve the dispute, we are fully prepared to take legal action. This may involve applying for an access order, challenging restrictions placed on a right of way, or defending against unfounded claims. Our legal team ensures that your rights are robustly protected throughout the process.
Court proceedings and litigation: when litigation is unavoidable, our experienced legal team will represent you in court, presenting a strong case supported by clear evidence. We handle all aspects of legal proceedings, from gathering documentation to advocating on your behalf in front of a judge.
Clear communication: access disputes can be complex, and we recognise the importance of keeping you informed at every stage. We provide regular updates, explain your legal options clearly, and ensure that you understand the potential outcomes.
Protecting your interests: whether you are seeking to gain access for essential work, asserting a right of way, or defending your property against unauthorised access, we focus on securing a resolution that aligns with your objectives and minimises future disputes.

Ongoing support: even after a dispute is resolved, we offer ongoing legal support to ensure that any agreements reached are upheld. If new issues arise, we are here to provide guidance and assistance in enforcing legal decisions.

FAQs about access disputes

What is the right of access over a driveway?

If a party has been given legal access to cross their neighbour's driveway for a specific purpose, such as an easement being in place to gain access to their own property, that party would be able to access the driveway but only for the specific purpose outlined in the easement.

Is it illegal to deny someone access to their property?

If their property is only accessible through your land and an easement is in place, you cannot lawfully deny them access to their property without valid legal grounds. Access can be denied if no legal right of way exists in the form of an easement or agreement.

What is the 20-year rule for right of access?

The 20-year rule, also known as a prescriptive easement, states that after at least 20 years of continuous, unchallenged use of access of someone's land, easement is automatically granted to those who have been using it for that specific use for that duration.

Why choose Walker Foster?

When dealing with access disputes, you need a legal team that is experienced, responsive, and committed to achieving the best result for you. Walker Foster offers:

Expertise in property law: our lawyers have extensive experience in access disputes and property-related legal matters. We stay up to date with legal developments, ensuring that we provide informed and effective representation.
A client-focused approach: we take time to listen to your concerns, tailor our strategy accordingly and act in your best interests, helping you reach an outcome that meets your needs.
Clear and transparent advice: we provide straightforward legal guidance, explain all available options and keep you informed throughout the process.
Local knowledge: with deep roots in Yorkshire and surrounding areas, we offer insights into regional property laws, common dispute issues and local authority regulations.
A reputation for results: trusted by generations, we have helped many clients successfully resolve access disputes with minimal stress, allowing a smooth and practical resolution.

If you are involved in an access dispute, Walker Foster Solicitors has extensive experience in right of way disputes and will help you achieve an optimal outcome for your access dispute situation. Whether you need legal guidance, mediation or representation, our lawyers will work with you to find a solution that meets your needs.