Rights of Way, Easements and Boundary Disputes Solicitors

Disputes between neighbours can damage the enjoyment and value of a property. A person’s home is often their most important asset and a place of security and comfort, so it is crucial that problems affecting it are dealt with promptly and effectively. Issues with rights of way, access rights, boundary disputes and restrictive covenants can quickly escalate without clear legal advice and firm action.

At JMW, we act quickly and efficiently to help our clients resolve issues with their neighbours, with a focus on minimising disruption to your personal life and maintaining relationships where possible. Whether you are dealing with a one-off disagreement or a long-standing dispute, we are equipped to give you tailored and effective legal advice. We regularly work with tenants, homeowners, freeholders, leaseholders and management companies to resolve disputes and safeguard their property rights.

Our goal is to settle residential property disputes as swiftly and cost-effectively as possible, ideally without the need for court action. However, if litigation does become necessary, we are well equipped to represent you in court and deliver the best possible outcome.

If you are ready to discuss your property’s needs, get in touch with the experienced property litigation lawyers at JMW today. Call 0345 872 6666 or fill out our online enquiry form and we will get back to you as soon as we can.

How JMW Can Help

At JMW, our expert team of property litigation solicitors brings decades of experience to neighbour property disputes. We take a proactive approach, using our knowledge to help resolve disputes efficiently and in a cost-effective way. We provide practical, tailored advice to protect your rights and interests, and have extensive experience advising clients dealing with difficult or challenging neighbours.

We handle a broad range of residential property disputes, including:

• Rights of way: reviewing title deeds to determine whether you or your neighbour have a right of way over another property, and whether this right of way is subject to any limitations or conditions.
• Boundary disputes: advising on how a boundary dispute can be resolved, corresponding with your neighbour on your behalf and, where required, instructing a surveyor to determine the boundary.
• Restrictive covenants: reviewing title deeds to determine whether restrictive covenants affect the property - such as by placing limits on development - and advising on whether there may be grounds to modify or discharge them.
• Party wall disputes: advising on Party Wall Act notices received from a neighbour, or reviewing proposed works and advising when and how Party Wall Act notices will need to be served.
• Easements: considering historic use of the land alongside the title deeds to determine whether the property has a legal right to use neighbouring land for a specific purpose, such as running drainage or other services.
• Nuisance: advising where an interference with the use and enjoyment of land is substantial and unreasonable, and, where appropriate, pursuing remedies such as damages or an injunction.

We recognise that disputes with neighbours can be disruptive. Uncertainty over access, boundaries or use of land place strains on finances and relationships. Our role is to assess the available options, and guide you towards an effective resolution. We focus on proportionate, well-judged action and always seek to resolve matters through negotiation and mediation where possible. Where agreement cannot be reached, we are prepared to take matters to court to protect your property rights.

Meet Our Team

JMW’s residential property dispute solicitors have decades of experience in providing successful outcomes for our clients in all manner of right of way, easement and boundary disputes. We adapt our approach to your needs and always seek to resolve disputes amicably where possible.

Understanding Rights of Way and Easements

Rights of way and easements are legal rights that allow one property to make use of another property’s land for a specific purpose. The most common example is a right of way allowing access across neighbouring land, but easements can also cover the right to run services such as drainage, pipes or cables.

These rights may be expressly granted in a property’s title deeds, implied from the circumstances at the time the land was divided or acquired through long use over time. Disputes often arise where rights are unclear or poorly documented, or where the way land has been used changes over time. Problems can also occur when a property is sold and new owners interpret historic rights differently from previous occupiers.

We advise on the existence, extent and enforceability of rights of way and easements, and on how those rights can lawfully be exercised without infringing on the rights of neighbouring landowners.

How Do Boundary Disputes Arise?

Boundary disputes usually arise when the position of the exact line separating two properties is unclear or disputed. This is often the case with older properties, rural land or where boundaries have never been clearly defined on the ground.

Common causes include discrepancies between title plans and physical features such as fences or walls, changes made by previous owners or assumptions about boundaries that have gone unchallenged for many years. Disputes like this often arise following development works, landscaping or the erection of new fencing.

We advise on boundary disputes by reviewing title documentation, historic conveyances and physical features on site, and by working with experts such as surveyors to establish the legal boundary position.

What Evidence is Used in Rights of Way and Boundary Disputes?

Resolving rights of way, easement and boundary disputes often depends on careful analysis of evidence. No single document is decisive in any case, and the successful resolution of a dispute usually requires a combination of legal and factual material.

This can include:

• Land Registry title plans and registers
• Historic deeds and conveyances
• Plans attached to older transfers
• Evidence of how land has been used over time
• Physical features on the ground

In some cases, we will look to seek out witness evidence from current or former owners if it is relevant to your case. Where public rights of way are involved, definitive maps and records held by the local authority or county council could also be considered.

Resolving Rights of Way and Boundary Disputes

Many rights of way and boundary disputes can be resolved without court proceedings. Early advice allows us to clarify your legal position, open constructive dialogue with the neighbour or neighbours involved in the dispute and explore options such as negotiation or mediation.

Where agreement is possible, resolving the dispute amicably can protect your property value and avoid unnecessary legal costs. Depending on the nature of the dispute, this process could involve formalising access arrangements, agreeing boundary positions or documenting rights to prevent future disagreement.

When Does Legal Action Become Necessary?

Legal action may become necessary where a dispute cannot be resolved through negotiation, or where a neighbour continues to interfere with established rights. This can include blocking access, denying the existence of a right of way or encroaching over a boundary.

Before proceedings are issued, we will advise on the likely outcome, the evidence required and the potential risks and costs involved. If court action is appropriate, we will represent you in court, and use our extensive experience in this area to steadfastly protect your property rights throughout the litigation process.

What Is the Process of Instructing JMW in Relation to your Property Dispute?

Instructing JMW is a straightforward, user-friendly process designed to give you peace of mind and set clear expectations. The process of working with our property law team works like this:

• Initial discussion: when you contact us, we will discuss your property and specific needs or issues.
• Assessment of your needs and bespoke strategy: our team will work with you to understand the details of the issue and develop a clear, proportionate strategy to resolve the dispute, aiming for an amicable outcome where possible.
• Costs and timescales: we will provide you with clear estimates of potential costs and timescales for work, so you can effectively plan for the future.
• Proactive file management: once instructed, we act quickly, and proactively consider the next steps required for your case. Throughout, we will keep you updated whenever there are developments, and offer prompt and practical advice where decisions need to be made.

Once instructed, we will provide proactive strategic advice throughout the dispute, to give you the best chance of a timely and successful resolution.

Q

Can JMW advise both neighbours?

A

We cannot act for both neighbours who are in a dispute with one another due to the conflict of interest. However, we do act for parties on both sides of disputes, meaning both those who are asserting property rights over another party’s property and those denying a neighbour has rights over their own property. This experience allows us to understand the perspectives and legal foundation on each side, and this gives us critical insights into likely negotiation tactics, challenges and solutions that we can use to our clients' benefit.

Q

Does JMW work with properties in all locations?

A

We have offices in Manchester, Liverpool and London and work across the whole of England and Wales to resolve property disputes. We work with a range of surveyors in various locations who are able to assist should their expertise become necessary.

Q

Can property disputes be resolved without litigation?

A

In many cases, property disputes can be resolved without going to court. This outcome is usually in the best interests of all parties involved in the dispute as it saves time, money and stress. Resolving the dispute without litigation also helps to preserve neighbourly relationships. While the suitability of alternative dispute resolution methods depends on the specific circumstances of your case, these approaches are often effective in reaching a settlement that benefits all parties.