When public access becomes a problem for your land
There are over 140,000 miles of public footpaths in England and Wales, and their use is increasing. For landowners and farm tenants, that means more pressure on existing routes, more disputes about where paths run, and more claims for new access that can be difficult to challenge without the right advice.
Our Chartered Surveyors advise on the full range of public access and rights of way matters, from preparing Highways and Landowners Statements and Declarations through to representing clients in modification order proceedings, footpath diversions and extinguishments, and defending claims for new public rights of way and village greens.
KEY CONTACTS
Improving access to your land could be grant-funded
New gates, waymarking or a permissive path are not always a cost you have to carry alone. Farming in Protected Landscapes and other environmental schemes often fund exactly this kind of access work, alongside habitat and land management.
Common questions about public rights of way
A route over private land that the public has a legal right to use, including public footpaths, bridleways and byways. The landowner retains ownership of the land but cannot obstruct or close the route without legal authority to do so.
Yes, but only through a formal legal process called a modification order. This involves an application to the local highway authority, and the outcome is not guaranteed. We guide landowners through this process and represent them at every stage.
The most effective protection is to prepare a Highways and/or Landowners Statement and Declaration, which sets out clearly that any use of the route is by permission rather than as of right. We assist landowners in preparing these documents as a precautionary measure, before any claim arises.
A claim by local residents that a piece of land has been used openly and as of right for recreational purposes for at least 20 years, entitling them to have it registered as a village green. Registration would significantly restrict what a landowner can do with the land. We act for landowners in defending these claims.
Take advice as early as possible. The strength of a claim depends heavily on the evidence available, and responding promptly with proper legal and professional support gives you the best chance of a successful defence.
The local highway authority is responsible for maintaining the surface of a public right of way. The landowner is responsible for keeping the route clear of obstructions such as overgrown vegetation and ensuring gates and stiles are in reasonable repair.
Please contact a member of our Estate Management Team to discuss how we can help you.
Offices in Battle, Haywards Heath, Pulborough, Surrey Hills and Tunbridge Wells.
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