With growing pressure from various access groups, the issue of public rights of way and access to land is one of actual or potential concern to virtually all of our farming and landowning clients.

Our nationally renowned Agriculture Team specialises in advising its farming and land-owning clients in this complex and often controversial area of law.

Examples of the type of problems that are likely to arise and in which we have frequent experience are:

• Claims to upgrade existing tracks to public vehicular routes (BOATs), based either on ancient historical evidence and/or modern vehicular use
• Disputes as to the real public status of RUPPs
• Whether footpath or bridleway rights have been acquired by the public over land
• Disputes over the true width of a public right of way or alleged obstruction
• Objections to a farmer having placed a barrier on a footpath or bridleway to prevent public vehicular traffic
• Diversions of footpaths and bridleways around farm buildings
• CROW appeals.

All these matters can be of great importance in land purchase as, unwittingly, purchasers can buy themselves into a dispute. The mechanics of the local search are not sufficient on their own, and need to be supplemented by a site visit, inspection of the Definitive Map, historical research and the submission of specific written enquiries to the local authority.

As NFU Legal Panel solicitors, we frequently advise clients involved in litigation cases where this research was not undertaken correctly at the outset.