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DTM Legal
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Chester Office: 01244 354 800
Liverpool Office: 0151 321 0000

Easements and Rights of Way Services

Strategic legal advice to protect access rights, resolve easement disputes and safeguard the use and value of your property.

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Easements give one property the benefit of particular rights over land belonging to someone else. These can include rights of way, access to services and drainage, rights of support and other rights that may be essential to the occupation, operation or development of commercial property.

Disputes can arise over whether an easement exists, the route or extent of a right of way, interference with access, responsibility for maintenance or whether the use of a right has become excessive. These issues can disrupt business operations, delay development and affect the use or value of the land involved. The existing DTM Legal page identifies obstruction, excessive use, maintenance and the intensification of access connected with development as common areas of dispute.

DTM Legal advises landowners, developers, investors, landlords, tenants, agricultural businesses and commercial occupiers on easements and rights of way. Our Property Litigation solicitors can help establish the legal position, gather the necessary evidence and pursue a proportionate resolution through negotiation, mediation or court proceedings.

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Easements and Rights of Way Legal Services

We provide practical advice and support across a wide range of easement and access matters, including:

  • Advising whether an easement or right of way exists
  • Interpreting rights contained in title documents and deeds
  • Establishing the route and permitted use of a right of way
  • Obstruction and interference with access
  • Excessive or unauthorised use of rights of way
  • Increased use connected with development or a change of use
  • Disputes involving pedestrian and vehicular access
  • Rights relating to pipes, drains, cables and other services
  • Rights of support and protection
  • Parking, loading and delivery rights
  • Repair and maintenance of accessways
  • Contributions towards maintenance costs
  • Easements arising by implication or necessity
  • Claims based on long use or prescription
  • Preparing evidence for prescriptive easement applications
  • Responding to objections made through HM Land Registry
  • Advising on the variation, release or formalisation of rights
  • Negotiating access arrangements and deeds
  • Applications for declarations confirming the existence or scope of a right
  • Injunctions to prevent or remove unlawful interference
  • Mediation and alternative dispute resolution

Why Instruct DTM Legal?

Easement disputes are often highly dependent on the wording of historic deeds, Land Registry entries, plans and evidence of how the land has been used. Our Property Litigation team examines both the legal documentation and the practical operation of the right to provide a clear assessment of your position.

We focus on the commercial importance of the easement to your property or business. This may involve protecting essential access, preventing unauthorised use, allowing a development to proceed or resolving uncertainty before land is sold, leased, acquired or financed.

Where necessary, we work alongside surveyors, land agents and other property professionals to clarify routes, inspect the land and prepare supporting evidence. We seek to resolve disputes proportionately but can pursue urgent or formal proceedings where access rights or development plans require robust protection.

We provide:

  • Clear advice on the existence and scope of easements
  • Strategic support for landowners, developers and property occupiers
  • Detailed review of deeds, titles, plans and historic evidence
  • Practical solutions focused on your commercial objectives
  • Negotiation and mediation support
  • Advice on HM Land Registry applications and objections
  • Robust representation in court proceedings where necessary

Get in Touch

Whether your access is being obstructed, another party is claiming rights over your land or an easement is affecting a proposed development, our Property Litigation team can help you establish the legal position and protect your property interests.

To discuss your requirements, contact:

Anna Duffy, Head of Property
Telephone: 0151 230 1219 / 07973 529844
Email: anna.duffy@dtmlegal.com

James Holton, Senior Associate – Property Litigation
Telephone: 01244 354824 / 07595 280723
Email: james.holton@dtmlegal.com

Key Contact
Head of Property
DTM Legal
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Key Considerations in an Easement or Right of Way Dispute

Reviewing the legal documents and gathering evidence early can help clarify the extent of the right and reduce the risk of the dispute escalating. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations
DTM Legal
5/5
350+Reviews

Property Litigation Team

Anna Duffy

Head of Property
James Holton

Senior Associate, Property Litigation
Sophie Greensill

Associate, Property Litigation
Juliet Mistry

Solicitor, Commercial Property
Megan Duffy

Trainee Solicitor, Residential Property

Frequently Asked Questions

Commonly asked questions regarding easement and rights of ways disputes.

An easement is a legal right benefiting one piece of land that allows its owner or occupier to use another person’s land in a particular way. A right of way is one common form of easement, but easements can also cover matters such as drainage, utilities, support and access for repairs.

The land benefiting from the easement is commonly described as the dominant land, while the land over which the right is exercised is the servient land. The precise right will depend on the relevant deed, title entry or circumstances in which it arose.

An easement may be expressly granted or reserved in a deed, transfer or lease. In some circumstances, it can also arise by implication, including where a right is necessary for the reasonable use of land.

A right may also be acquired by prescription through sufficiently long use. HM Land Registry confirms that the principal legal methods of prescription generally require at least 20 years’ use, and the use must ordinarily have been without force, secrecy or permission.

This will depend on the wording and scope of the right and the practical effect of the gate or obstruction. A landowner may retain some ability to use and manage their own land, but should not substantially interfere with the lawful exercise of an easement.

Whether a gate, lock, bollard, parked vehicle or other obstruction is permissible will depend on factors including ease of access, historical use and any conditions contained in the relevant deed. Legal advice should be obtained before removing an obstruction or taking other direct action.

Not automatically. A right of way benefiting existing land may sometimes continue to be used following development, but the proposed use must remain within the nature and extent of the right that was granted or acquired.

The number of properties, volume of traffic, types of vehicles and purpose of the journeys may all be relevant. Developers and landowners should review access rights early because uncertainty can affect planning, funding, construction and the future sale or occupation of the development.

Yes. Many disputes can be resolved by clarifying the title documents, exchanging evidence and negotiating practical arrangements between the landowners. The parties may agree changes to the route, maintenance contributions, access controls or formal documentation recording the agreed position.

Mediation can also help the parties explore a commercial settlement. Where agreement is not possible, the court may be asked to declare whether a right exists and define its extent, grant an injunction against interference or award damages for loss caused.

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5/5 350+Reviews
Steve Tatham
26/04/2026
Tom Evans provided an excellent service regarding my recent Voluntary Redundancy. Tom was friendly, knowledgeable and helpful in supporting the processing of the legal documentation around redundancy. Tom was very timely and managed our sessions well to ensure we didn’t overrun. I would highly recommend Tom and use him again if I needed legal support.
Ellie
27/10/2026
DTM’s employment department has dealt with a couple of matters on our behalf. They have dealt with all matters efficiently, providing clear advice on employment law, whilst also understanding the commercial aspects of suggested actions.
Mia
15/10/2023
They feel like an extension to our business. They fully understand our business inside and out and are very responsive and provide a huge level of support.

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