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Rights of way issues cover disputes and management of paths and routes over land, including creation, alteration and protection of public or private rights of way. A solicitor in this area liaises with landowners, highway authorities and local planning bodies to resolve disputes over a path’s existence, alignment or use, and to obtain orders such as stopping up or diversions. They may draft settlements, assemble evidence, and guide clients through the planning and highways regimes to secure or defend access.
Quite often the issue hinges on technical surveys, historical use, and the interaction of planning, highways and land registration regimes. The solicitor handles applications for orders, coordination of evidence, and negotiation with interested parties to settle disputes without lengthy proceedings. Where litigation is necessary, they support advancing or defending a case through relevant courts and authorities, keeping deadlines and procedural requirements in view.
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