How to Deal with a Right of Way Dispute: Use, Maintenance Responsibilities and Neighbour Overuse in England and Wales

Right of way disputes are a common source of tension between neighbours and co-owners of land in England and Wales. They usually focus on how a right of way can be used, who must maintain it and what happens when one party is accused of overusing or blocking it.

This article addresses common right of way disputes, legal options for landowners and occupiers, and when it is sensible to obtain specialist advice from a property solicitor.

What is a right of way and why do disputes arise?

A right of way is a legal right allowing one person to pass over land owned by someone else, usually to reach their home, business or fields. Rights of way are typically created by express grant in a deed, by reservation when land is sold, or they may arise by long use (prescription) or implication where land is divided and access is needed.

Disputes arise because many deeds are old or vaguely drafted, patterns of use change and relationships between neighbouring owners can deteriorate. Problems commonly occur where a route that once served a single dwelling starts to be used by multiple occupiers, heavy vehicles or business visitors, or where one party begins parking or placing obstacles on the access.

Private rights of way: dominant and servient land

This article focuses on private rights of way, often called easements, rather than public highways. A private right of way normally benefits a specific “dominant” land (the land enjoying the right) and burdens “servient” land (the land over which it runs).

The scope of a right of way depends on the wording of the document that created it and the surrounding circumstances. Some are limited to foot access, some permit vehicles, and some are tied to particular uses such as agricultural or residential access. Where wording is unclear, the courts look at the language used, the physical layout of the land and historic patterns of use to work out what was intended.

Common client questions about right of way use

Clients typically approach us with questions driven by practical friction.

For individuals, concerns often include neighbours parking or storing items on a shared driveway, using an accessway to serve a newly built annex or short‑term let, or bringing in significantly more traffic (for example builders or customers of a home‑based business) than was originally contemplated.

For businesses, issues might involve a logistics operator running frequent HGV movements over an estate road, a retailer funnelling customer traffic through a service access, or a farm track originally intended for occasional agricultural use now serving a farm shop or holiday lets. In each case the key question is whether the current use falls within the scope of the original easement or has become an
unlawful intensification.

Who is responsible for maintaining the right of way?

Maintenance responsibilities are another frequent flashpoint. There is no general rule that a private right of way must be maintained by a public authority, so responsibility usually arises from the wording of the deed or from what is implied by the nature of the arrangement.

Broadly, the owner of the dominant land is entitled to do what is reasonably necessary to keep the right of way usable, such as filling potholes or cutting back vegetation, so long as they do not unreasonably interfere with the servient owner’s enjoyment of their land. Whether they must carry out or pay for such works, and whether others must contribute, depends on what has been expressly agreed or can be inferred from the parties’ intentions. Modern residential and commercial deeds often include cost-sharing provisions; older documents frequently do not, requiring careful interpretation.

Typical maintenance disputes

In residential contexts, disputes often arise where one neighbour feels they are bearing all the cost of maintaining a shared driveway or private track, while believing that the other’s vehicles or visitors cause most of the wear. Without explicit contractual obligations, it can be difficult to compel contributions, so legal advice is often needed to interpret the documents, assess implied responsibilities and negotiate a fair cost-sharing arrangement or formal variation.

In business environments, disputes may concern service charges for estate road maintenance. Occupiers might challenge the necessity, standard or cost of works such as resurfacing or upgrading a private road to a higher specification to accommodate heavier vehicles. One party may see such works as reasonably necessary for the comfortable enjoyment of the right, while another views them as a major alteration that significantly increases the burden on the servient land or unfairly shifts cost.

When use become ‘overuse’ or unlawful intensification

A central question in many disputes is whether the dominant owner or user is exercising the right within its proper scope or “overusing” it. Overuse is not a technical term, but it captures situations where the nature or intensity of use exceeds what was intended and imposes an unreasonable burden on the servient land.

Examples include a marked increase in heavy vehicle traffic damaging the surface, using a right of way intended for private access as a thoroughfare for customers, or using an accessway to reach land not actually benefited by the easement. For instance, a unit on a small industrial estate may begin operating as a high-turnover distribution hub, significantly increasing lorry movements through shared yards and past other occupiers’ entrances. Similarly, a farm track originally used for occasional tractors may become the primary route for frequent visitors to holiday cottages. In serious cases, such intensification can amount to misuse or trespass, and the servient owner may be entitled to seek an injunction and claim damages.

Blocking or obstructing a right of way

On the other side of the spectrum, dominant owners frequently complain about neighbours or other occupiers blocking or obstructing a right of way. Obstruction may involve parking across the route, leaving skips or materials in the way, locking gates, narrowing the access during building works, or installing bollards, fences or planters that effectively prevent or discourage use.

The general principle is that the servient owner must not unreasonably interfere with a valid right of way. Reasonable control measures can be acceptable, such as a gate all legitimate users can open, or security measures to keep out trespassers. However, deliberate or substantial obstruction will usually amount to a breach. In both residential and commercial settings, dominant owners may be able to obtain court orders requiring removal of obstructions and restraining future interference, and can seek damages for loss suffered, including disruption to business operations in appropriate cases.

Key legal factors in right of way disputes

If informal discussions fail, courts will consider several factors when deciding whether current use or obstruction is lawful, including:

The wording of the deed or grant. The starting point is the language used in the relevant document. Express limitations, for example to pedestrian access only or to serving one dwelling, strongly influence what is permitted. Ambiguous wording may need to be interpreted in light of the surrounding circumstances and the overall purpose of the grant.

The physical characteristics and historical use of the route. The court will look at how the route has been used over time, the nature of the land and whether current use represents a substantial and unreasonable change. A modest increase in daily use may be acceptable, but turning a quiet driveway into a busy access road for commercial traffic may not be.

The impact on the servient land. Damage to the surface, increased noise and disturbance, safety risks and loss of privacy all influence whether the burden has been unfairly increased or whether obstruction is justified. The law aims to balance the rights of both landowners, so proportionality is important.

Practical steps if you are facing a right of way dispute

Right of way disputes can quickly become emotional, particularly when neighbours have to live alongside each other. Taking measured, practical steps early can reduce cost, risk and stress.

Review your documents and plans. Identify what legal rights exist by reviewing your title deeds, Land Registry entries, transfers or conveyances and any plans showing the route. If you do not have all the paperwork, official copies can usually be obtained quickly. It is helpful to mark on a plan where the route lies, how it is used in practice and when any changes occurred.

Keep a clear record of events. Contemporaneous records strengthen your position. Keep a dated log of incidents, photographs of obstructions or damage, notes of conversations and copies of correspondence. This evidence can demonstrate a pattern of obstruction or overuse and help your solicitor assess the strength of your case and advise on appropriate next steps.

Seek constructive discussion before escalating. Before moving towards formal proceedings, it is usually worth attempting a calm discussion or a wellcrafted letter focusing on practical solutions rather than blame. Many neighbours do not fully appreciate the legal implications of their actions and will adjust behaviour once the position is explained. An early letter from a solicitor can set out the legal framework and propose arrangements for future use and maintenance, often avoiding the need for court action.

When should you involve a solicitor or surveyor?

Professional advice is often needed where obstruction or overuse persists despite reasonable requests, where there are safety risks or significant damage, or where the dispute is escalating into threats, harassment or planned building works.

Engaging a property solicitor early helps you understand your legal position, avoid steps that might inadvertently weaken your rights and explore structured ways of resolving the dispute, such as negotiated agreements or mediation. In more technical cases, for example where levels, drainage or construction works are involved, a chartered surveyor or engineer may also be needed to provide expert input on the condition of the route and the impact of proposed changes.

Taking advice before positions harden usually leads to faster, more costeffective solutions and reduces the risk of lengthy court proceedings that can further damage neighbour relationships.

Risks, consequences and time limits

Right of way disputes are not only about inconvenience. There are important legal and financial risks if they are mishandled or ignored.

Risk of weakening or losing your right of way. Prolonged nonuse or acquiescence in serious obstruction may be used to argue that a right of way has been abandoned or effectively varied. While abandonment is not easily proved, failing to challenge significant interference for a long period can weaken your position and make later enforcement more difficult.

Risk of liability for nuisance, trespass or damage. Overusing a right of way or carrying out unilateral works without agreement can expose you to claims from the servient owner. If your vehicles or contractors cause damage, generate excessive noise or encroach beyond the defined route, you may face claims for nuisance or trespass and demands for reinstatement. Acting without advice can give the other side grounds for a claim.

Limitation periods for court proceedings. Disputes involving land, easements and damage are subject to limitation periods, meaning you have a limited time to bring claims. In many cases the relevant period is six years from the actionable interference or damage, but the detail can be technical. Missing a limitation deadline can seriously restrict your ability to obtain remedies, so it is important not to delay indefinitely.

Given these risks, it is sensible to seek advice before committing to significant steps, particularly if you are considering physical works, blocking access or issuing court proceedings.

How the Jonathan Lea Network can help

Right of way disputes sit at the intersection of property law, neighbour relations and sometimes commercial development, so they benefit from calm, experienced handling. At the Jonathan Lea Network, we regularly advise on disputes involving the scope, use and maintenance of rights of way, alongside related issues such as boundary disagreements, access for works and overuse by commercial or residential neighbours.

We can review your title documents, plans and correspondence to give you a clear assessment of your legal position, including whether your neighbour’s actions amount to unlawful obstruction or overuse and what remedies are realistically available. We then work with you to develop a proportionate strategy, which may include:

Preparing a tailored letter before action setting out the legal framework and proposed practical solution in plain English.

Supporting negotiations with neighbours or their solicitors, including exploring formal agreements to clarify future use and maintenance responsibilities.

Liaising with surveyors or other experts where technical evidence is needed about the condition of the route or the impact of proposed changes.

Advising on the merits, risks and costs of court proceedings, and representing you in applications for injunctions, declarations and damages if required.

Our focus is on protecting the usability and value of your property while aiming to resolve disputes in a way you can live with over the long term.

If you are searching phrases such as “Can my neighbour block our shared driveway?” or “What can I do if my neighbour is overusing our right of way?”, you are likely at the stage where structured legal input can make a real difference. Engaging with our team at an early stage will help you understand whether your concerns are legally well-founded, explore options ranging from informal dialogue and mediation through to formal legal action, and obtain an indicative fee estimate so you can decide how best to proceed.

We advise on straightforward residential driveways as well as more complex rural and commercial rights of way, and we tailor our guidance to the particular personalities, properties and commercial drivers involved in your situation.