Please do not hesitate to contact us here at Clarke Mews by using the contact details located below.
30 High Street,
Botley,
Southampton,
SO30 2EA,
T:
01489 797377
F:
01489 799466
E:
botley@clarkemews.co.uk
44 High Street,
West End,
Southampton, UK
SO30 3DR,
T:
023 8047 3747
F:
023 8047 6960
E:
westend@clarkemews.co.uk
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Rights of Way
This is a right to pass (and repass) over land belonging to somebody else. It could be a public footpath crossing private land or a more private arrangement which only applies to the immediate neighbours in a terrace of cottages when the provision may be covered by a licence or easement.
A public highway exists when everyone has rights of way at any time and for any purpose.
A right of way may be restricted – as a footpath access to next door’s garden, for those on horseback (a bridle path), or when driving animals. It may include vehicular use for a specific purpose, for example, to allow a tanker access to empty a septic tank on an annual basis.
Where a private pathway is used regularly, and the land owner has not attempted to restrict access, a right of way can soon be established under common law. Most rural footpaths were created in this way: the definitive plan – showing all public rights of way – maintained by County Councils, is a very recent concept.
Moving an established
right of way is possible but not necessarily an easy process. In contrast, moving
a private right of way is simply a matter of negotiation. Ideally one should then
notify LR of the changes but that is not a legal obligation.