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Navigating Public Rights of Way: Early Advice Benefits

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Public Rights of Way issues are often dealt with too late. A project is well advanced, a planning application is ready to submit, or building works are about to begin – and only then does someone notice a footpath crossing the site.

At that stage, options are narrower, timescales are tighter and costs are usually higher.

Early advice can make a significant difference by helping landowners, farmers and property owners:

  • Identify Public Rights of Way affecting the land.
  • Understand legal responsibilities and constraints.
  • Assess whether a diversion or extinguishment may be possible.
  • Build realistic timescales into projects.
  • Avoid unlawful obstruction or enforcement action.
  • Reduce the risk of objections and delays.

For farmers, early advice may help resolve long-standing operational issues, such as paths through farmyards or livestock areas.

For landowners considering development, it can ensure access issues are properly addressed before significant money is spent on design and planning work.

For solicitors, agents and other professionals involved in land transactions, early specialist input can help identify risks and provide clarity for clients.

Public Rights of Way law can seem complex, but the principles are straightforward: these routes are legally protected, and changes must follow the correct legal process. The earlier that is recognised, the smoother the process is likely to be.

At CD Access Consultancy, we provide practical, straightforward advice on Public Rights of Way matters, including diversion orders, stopping up orders, Definitive Map issues and access advice for landowners, farmers and property professionals.

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