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Rights of Way

The existence of a public right of way is not always obvious on a site where you intend to build. However, blocking a right of way could result in an order to demolish the building.

Rights of Way Planning Issues

We can review your proposed development and plans and ensure that you will not be blocking any Rights of Way. Early advice on this issue could save you a considerable amount of cost and stress later on. Regardless of your planning issue, we've always got your back. 

Contact our planning law experts today by making a quick online enquiry, dropping us an email at mail@kslaw.co.uk or giving us a call on 01634 811118.

Right of Way: Rights for Property Owners

Have you found your dream property only to find out it has a public footpath running through it? You should be aware that you can’t simply redevelop this or block it off. However, it may be possible to get it diverted.

We can help you achieve the best solution that works for you and your property. If you wish to divert a public footpath on your property, you must find an alternative route that is as convenient for the public. It should also be as similar in size and surface as possible to the existing path.

To do this, you’ll need to apply to your local council for a diversion order, with plans to show the existing and new path.

Be careful when working on a new development - you could be affecting an existing right of way unknowingly. However, don’t be discouraged if there is one, as not all encroachments to rights of way are actionable.  

Contact us today and get help around right of way issues on your property. We offer practical advice and guidance on the best way to tackle them.

Permissive Rights of Way

You may also have a permissive right of way going through your property that you feel is being misused or is affecting your development or property usage.

A permissive right of way is a concessionary path between existing right of ways. The public do not have a legal right of way to use them, but they act as a way to aid public access in the countryside. This means that if you have a permissive right of way through your property, you can regulate it and add conditions to its use.

If you find a permissive right of way is being misused, we can help to prevent public rights accruing on it. We’ll use our expertise and out of the box thinking to help come up with the best solution for you.

For decades, we have been advising clients on the common law as well as statutory provisions in respect of all public rights of way. We can use our expertise to help you.

For further information, please see our experience under Highways Act and Wildlife and Countryside Act.

Let Us Help You

Please call us on 01634 811 118, complete our online enquiry form, or email our planning law expert Nicholas Kingsley-Smith.

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