How to Avoid Access Disputes When Buying or Leasing Commercial Property: Rights of Way Checks, Practical Steps and Legal Options

Buying or leasing commercial property without properly understanding rights of way and access arrangements can leave your business facing disruption, unexpected costs, and stressful neighbour disputes.

This article explains what rights of way are, how they affect commercial property transactions, and what practical steps you can take to avoid access problems when you buy or lease business premises. It is written for business owners, investors, and landlords who want clear, practical guidance on managing access and rights of way under current law in England and Wales.

What are rights of way and why do they matter in commercial property?

Rights of way are legal rights for one party to pass over land owned by someone else. In commercial property, this might mean using a shared driveway, service road, footpath, or loading bay to reach your premises. Rights of way are a type of easement, meaning one piece of land (the “dominant” land) benefits from rights over another piece of land (the “servient” land).

Access can be just as important as owning or leasing the building itself. If customers, staff, delivery vehicles, or emergency services cannot reliably reach the property, its business value and usability are severely reduced. Problems often arise where access routes are informal, poorly documented, or depend on neighbour goodwill rather than clear legal rights, which is why rights of way should be treated as a core issue in every commercial purchase or lease negotiation.

Introduction and background: common access problems in commercial transactions

Access disputes frequently occur where the physical layout of the site and the legal documents do not match. A buyer or tenant may assume they can keep using a driveway or yard that has always been used, only to discover after completion that the legal title does not give enforceable rights over that land. Long‑running informal arrangements can also become contentious when ownership changes or business use intensifies.

Typical scenarios include neighbours blocking shared access routes with parked vehicles, gates, fences, skips or building materials. There are often disagreements over how far the right of way extends, for example whether it allows vehicular access as well as pedestrians, or whether loading and unloading is permitted. Increased business activity, such as more frequent deliveries or longer opening hours, can trigger complaints about noise or congestion. Historic rights of way described vaguely in old deeds or leases, or never formally registered, can be difficult to interpret or enforce.

Spotting these risks early helps you avoid committing to a property that cannot be practically used for your intended business, or gives you time to negotiate better protections before you proceed.

Explanation of the legal issues: how rights of way work

Types of rights of way

Understanding how a right of way has arisen is key to assessing its strength and limits:

• Express rights of way
  These are set out in a document such as a transfer deed, lease or formal agreement. It should identify the land benefited and burdened, describe the route and specify any conditions. Express rights are usually registered at HM Land Registry, which makes them easier to verify.
• Implied rights of way
  Sometimes rights of way arise automatically by operation of law, for example when land is divided and access is necessary for reasonable use of a part. They often depend on past use and the original intention when the land was split, which can make them harder to prove and enforce.
• Prescriptive rights of way
  These can be acquired through long, uninterrupted and “as of right” use. If a route has been used openly, without permission and without being stopped over many years, a legal right of way may be claimable even if not documented. Establishing a prescriptive right usually requires evidence and legal analysis of the period and nature of use.

Key legal concepts to understand

A few recurring issues frequently affect commercial rights of way:

• Scope and intensity of use
  Even where a right exists, its scope may be limited. It might allow only pedestrian access, light vehicles, or use at certain times. As a business grows, neighbours may argue that intensified use goes beyond what was originally intended or causes nuisance.
• Maintenance and repair
  Rights of way often raise questions about who must maintain the access route. The underlying owner may not be obliged to keep it to a particular standard, and users may be expected to contribute fairly to maintenance or improvements. Disputes can arise when the route deteriorates or needs upgrading for heavier commercial use.
• Interference and obstruction
  The owner of the servient land may want to change the layout, install gates, or alter parking arrangements. The legal question is whether this causes substantial interference with the right of way, which is usually not allowed, or whether it is a reasonable change that still allows practical use.

These issues are often easier to recognise in practical commercial scenarios, such as shared service yards, informal rear access arrangements and title plan mismatches identified during a transaction, for instance:

• On a multi‑let industrial estate, a logistics operator relies on a shared service yard for HGV deliveries and waste collection, but a neighbouring occupier starts blocking the yard with vehicles and materials; early advice helps clarify rights of way and agree workable access protocols before operations are seriously disrupted.
• In an office and retail scheme, informal rear access over neighbouring land is used for staff and customer parking until the neighbouring site is sold for redevelopment; buyers, sellers and their advisers should confirm whether rights of way are documented or a prescriptive right can be relied on before contracts are exchanged and access is changed.
• A purchaser negotiating to acquire a warehouse assumes that a side road used for loading and customer access is included in the title, but closer review shows the title plan stops short and no easement exists; identifying this mismatch pre‑completion allows the parties to secure documented access rights, adjust terms or reconsider the deal before a live dispute arises.

These issues affect day-to-day operations, long-term value, and future saleability, so they should be considered carefully before you sign a contract or lease.

Rights of way checks before you buy or lease

Thorough rights of way checks are a core part of due diligence in any commercial property transaction. They are also an area where good legal advice can materially reduce risk and protect value.
Essential rights of way checks for buyers and tenants

Before you commit to a purchase or lease, you and your solicitor should work through key checks, including:

• Title review and plan analysis
  Examine the registered title, title plan and any supplemental plans to identify rights benefiting the property and rights it grants to others. Check plans against the physical layout so you can confirm that the driveway, service road, loading bay or footpath you rely on is actually covered, and investigate any mismatch promptly.
• Land Registry searches and property enquiries
  Searches on neighbouring land can reveal rights of way or covenants affecting access. Standard commercial enquiries should be supplemented with specific questions about how access works, whether there have been complaints or disputes, and whether any formal letters or notices about access have been received. Sellers or landlords should also be asked about informal arrangements that are not documented.
• Planning permission and use class checks
  Planning controls can indirectly affect access. Increased traffic, loading or changes of use may attract attention from neighbours or the local authority. Check that current and proposed business use are authorised and that any planning conditions relating to access, parking or servicing are being complied with.
• On site inspection and practical assessment
  Walk and, where relevant, drive the access routes yourself. Observing how deliveries, customers and staff currently access the premises helps you identify pinch points, shared areas and potential conflicts. Look for signs, gates, bollards, parking restrictions and clues about informal rules or tensions.
  By combining document review with physical inspection and targeted enquiries, you create a realistic picture of how access works now and what could go wrong in future.

Practical steps and options if access issues are identified

If gaps or weaknesses in your rights of way are identified during the transaction, you do not necessarily have to abandon the deal. In many cases there are practical steps that significantly improve your position before completion.

Negotiating clearer and stronger rights of way

Upgrading and clarifying your rights within the transaction documents is often the most effective solution:

• Amending or strengthening the transfer or lease
  You may be able to negotiate express rights of way in the sale contract, transfer deed or lease, clearly describing the route, permitted users, vehicle types and times of use. If your business depends on deliveries or customer parking, that should be reflected in the wording rather than left implied, supported by accurate plans.
• Entering into separate access agreements or deeds of easement
  Where essential access depends on land owned by a neighbour or management company, a separate deed of easement or access agreement may be required, ideally agreed before completion. It can cover rights of way, maintenance obligations, service charges, security measures and protocols for resolving issues.

Using insurance and practical risk management

Some risks cannot be fully eliminated but can still be managed:

• Title indemnity insurance
  In certain situations, insurance can help manage the risk of lacking formal rights or facing a challenge from a neighbour. While it does not create rights, it may cover financial loss if access is restricted and the property value or use is affected.
• Practical access management and neighbour relations
  Even with good legal rights, day‑to‑day access often depends on a workable relationship with neighbours. Clear communication, agreed practical rules such as delivery times or parking practices, and constructive responses to concerns can prevent issues escalating into formal disputes. In some situations, a simple written note or side letter can capture these arrangements without needing a major renegotiation.

If you are at heads of terms or negotiation stage, this is the time to raise access concerns and secure improvements. Once the deal is completed, your leverage is reduced and disputes become harder and more expensive to resolve.

Risks, consequences, and time limits in rights of way disputes

Access issues can have serious consequences for your business and investment, so understanding the main risks and time related considerations helps you decide when to act.

Commercial and legal risks to your business

Key risks include:

• Loss of usable access and operational disruption
  If a neighbour blocks or significantly restricts your access, deliveries may not reach you, customers may struggle to enter or staff may not have safe access. This can lead to lost revenue, reputational damage and emergency measures.
• Reduction in property value and future saleability
  A property with unclear or disputed access rights is generally less attractive to buyers, lenders and tenants. That can reduce value, complicate refinancing and limit exit options.
• Litigation costs and management time
  Contested rights of way disputes can be complex, particularly where historic use or implied rights are involved. They may require detailed evidence, expert input and court proceedings or mediation.

Time limits and procedural considerations

Delay can also affect your legal options:

• Limitation periods for claims
  Claims for interference with rights of way, nuisance or trespass are subject to statutory limitation periods, commonly six years from the interference for many civil claims.
• Urgent injunctions and early action
  In some cases, you may need to consider urgent court applications to prevent or remove obstruction, particularly where immediate business harm is likely. Courts expect parties to act promptly and proportionately.
• Prescriptive rights and continuous use
  If you are relying on long‑term use to establish a prescriptive right of way, you should be cautious about signing documents that acknowledge the owner’s permission or making significant changes to use of the route. Interruptions in use or acceptance of permission can undermine the legal basis for such rights.

Being aware of these risks and time related issues guides you on when to seek advice and how to balance legal rights with commercial pragmatism.

A natural point to seek advice

A practical time to involve specialist solicitors is when you first notice inconsistencies between plans and physical access, hear about informal arrangements that do not appear in documents or experience early signs of obstruction or neighbour tension. If you are already facing blocked access or threats to close a route, contacting advisers promptly allows assessment of whether urgent steps are needed and what alternatives exist.

If you are concerned about rights of way or access at a property you are buying, selling or leasing, or if you are already experiencing an access dispute, early, well‑informed advice can often prevent matters escalating and protect both your operations and property interests. Whether you are in the process of buying or leasing a commercial property or have discovered access problems at premises you already occupy, taking advice now could save substantial cost and stress later.

How the Jonathan Lea Network can help with rights of way and access disputes

Given the potential impact of access issues on commercial transactions and ongoing operations, involving specialist solicitors early is usually sensible. The Jonathan Lea Network advises clients across England and Wales on commercial property matters, including easements and rights of way.

Our role in transactions and dispute resolution

We can assist at each key stage:

• Pre transaction review and risk assessment
  We review titles, leases, plans, planning records and historic correspondence to identify access risks before you commit to a purchase or lease. We explain in clear, practical terms what rights you have, what gaps exist, and how this affects your intended use. Where issues arise, we outline options to strengthen your position, from negotiations to bespoke easement deeds or insurance.
• Negotiation, documentation and neighbour agreements
  Where improvements are needed, we lead negotiations with sellers, landlords, neighbours and management companies to secure clearer, more robust access provisions. This may involve amending transaction documents, preparing easement deeds or drafting side letters and access protocols. Our focus is on achieving a commercial outcome that protects your business while keeping the deal moving.
• Access dispute advice and representation
  If a dispute has already developed, we advise on strategy and options, including negotiation, mediation and, where necessary, court proceedings. We prepare letters before action, assist with evidence gathering and work with counsel where appropriate. Throughout, we aim to protect your long term business interests and manage costs sensibly.

We also help you understand how access issues may affect future value, financing and exit, so you can decide whether to proceed, renegotiate or reconsider a transaction.

Contact Us

We will respond to most enquiries with both an indicative scope of work and fee estimate, as well as the offer of a complimentary 20-minute discovery video call to discuss your issues and how we can help, before sending a more considered formal fee estimate via email.

In some limited cases, if you would just like initial advice and guidance on a call, we may instead offer a fixed fee appointment (commonly charged between £280 to £500 + VAT) whereby we will review the information you provide, hold a video call consultation and then follow up with an advisory email (as well as a fee estimate for any further work identified).

Please email wewillhelp@jonathanlea.net or call us on 01444 708640 as a first step. We first need an overview of the background and your issues, together with any significant documents, to provide an indicative scope of work and fee estimate.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.