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

For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.

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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For further information please contact Mark Charter, head of Blake Lapthorn solicitors Agriculture and Rural group on mark.charter@bllaw.co.uk or call 023 8085 7116.