public rights of way and countryside
access
The law relating to public rights of way and
public access to private land is a very complex and often
controversial area of law and in the wrong hands can be a very
costly business.
Recognising the need for both specialist
advice and cost-effective solutions, Blake Lapthorn has developed
an innovative approach to pricing its public rights of way services
that makes them transparent and affordable. Our team can provide
both the technical expertise and the practical experience required
for this field of work and can offer fixed price packages, so you
know your costs from the outset.
We specialise in:
- public rights of way and highways
- footpaths, bridleways and byways
- Definitive Map and statement
- Definitive Map Modification orders
- diversions, extinguishments, creations
- stiles and gates, obstructions and enforcement
- landowners rights and responsibilities
- protecting land from rights of way claims
- access to the countryside
- coastal access
- common land
- village greens
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access land
The Countryside and Rights of Way Act 2000 created new
recreational access rights for the public over open country, ie
mountain, moor, heath and down, and over registered common land.
Landowners and farmers can however formally exclude or restrict the
CROW right of access for land management, safety or fire prevention
reasons. Blake Lapthorn can advise on the notification and
application of such restrictions and exclusions.
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claims to delete a public right of
way
If you discover new evidence that shows that a
mistake was made when a right of way was first recorded on the
definitive map, it is possible to make an application to the
council to remove the right of way. We can advise on the type of
evidence that would be required, the merits of such an application
and advice and representation throughout the process of making and
determining such an application.
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coastal
access
The draft Marine Bill, which will introduce a
right of public access to land on and close to the coast, was
published on 3 April 2008 and will be considered in the next
Parliamentary session. Blake Lapthorn can advise landowners of the
new procedures and implementation of coastal access.
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disputed claims to
add or upgrade a public right of way
You have just received notification that an
application has been made to record or upgrade a right of way
across your land. What do you do? It is very tempting to believe
that such issues will be resolved by the application of common
sense. Unfortunately this is not the case and the fact that the
route claimed is unsuitable, undesirable or unnecessary is
irrelevant to the determination of such claims.
Blake Lapthorn has successfully acted for many
clients in resolving these disputes and can advise and offer
representation at all stages of these claims.
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diversions and
closures
A public right of way can only be closed or
diverted by use of statutory legal procedures which require the
proposed changes to be publicised to allow consideration of any
objections. We can advise and assist in the submission of such
applications and throughout the process of determination and help
you to maximise your chances of success.
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obstructions and
enforcement
In seeking to manage their land effectively
and protect their animals, some landowners may be accused of
obstructing rights of way. We can advise and represent clients who
are investigated or prosecuted for obstruction or where they may be
subject to civil action in this respect.
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our expertise
Public rights of way is not an area of work
that most solicitors are familiar with. It requires specialist
legal knowledge and experience of the procedural complexities
involved together with the ability to communicate in terms that can
be easily understood. Blake Lapthorn is one of only a few firms
that has this particular expertise and can offer advice and
representation to farmers, land agents, individual landowners and
others affected by this very technical and obscure field of
law.
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our pricing
Blake Lapthorn recognises that clients require
value for money and this is especially true in rights of way cases
which tend to be complicated and time consuming. Following an
initial assessment of your case we will break down the work
required into stages and provide fixed fees for each of these
stages wherever possible. Where this is not possible, we will
provide an estimate with a ‘ceiling’. This means that you know
exactly what your money is being spent on and ensures that you have
absolute certainty in respect of charges.
It is often the case that a number of
landowners may be affected by a public rights of way dispute. In
these circumstances, it is possible for us to represent the ‘group’
as a whole and the costs may then be shared between members of the
group.
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protecting
your land
It is possible to protect your land from
claims of public rights of way based on presumed dedication
resulting from 20 years' use by depositing a statutory declaration
with your local council. We can advise and assist in such statutory
declarations.
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public
inquiries and hearings
If the council decides to make a Definitive
Map Modification Order, it is possible to object but only certain
reasons are acceptable. The objection must relate either to the
existence or status of the route or its history of use. Issues such
as suitability, security to property, biosecurity, and land
management preference are not valid grounds for objection.
If objections are made to an order, it will
normally be determined at a hearing or public inquiry Statutory
procedural rules for these require the submission of statements of
case and proofs of evidence by set deadlines.
Blake Lapthorn can assist in the making of
objections to orders, preparation of all documentation required for
public inquiries of hearings, advice on evidence required, case
management, and representation and advocacy at the public inquiry
or hearing itself.
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representations to your
Council
The first stage in any claim to add or upgrade
a public right of way is for the Council to consider all the
evidence available to them and then make a recommendation whether
or not to make the order in a report usually to a committee.
Landowners are given the opportunity to comment on this report. By
taking professional advice, it is possible to stop the Definitive
Map Modification process at this stage before an order is made.
Blake Lapthorn has considerable experience in representing clients
at this stage of rights of way claims.
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statutory appeals and judicial
reviews
Following a public inquiry or hearing, a
decision will be published stating whether or not the order to add
or upgrade the right of way is to be confirmed. If the decision is
to confirm the order, it is still possible under certain
circumstances to appeal this decision in the High Court. It is also
possible to judicially review a decision not to confirm an
order.
Blake Lapthorn can advise on the merits of
taking this course of action and advise and assist in making an
appeal.
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your rights and
liabilities
Blake Lapthorn has a comprehensive knowledge
of the current legislation, case law and procedures involved in
public rights of way and can provide advice on such matters as the
rights and responsibilities of landowners, erection of stiles and
gates, ploughing or planting crops on fields crossed by public
rights of way, widths of rights of way and disabled access.
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