Agricultural right of way

An agricultural right of way refers to a legal right that allows landowners or agricultural workers to access their property through another person’s land.

This right is essential for farming activities, including the transportation of equipment, crops, and livestock. Agricultural rights of way are especially important in rural areas where properties may be large or lack direct access to public roads.

What is an agricultural right of way?

An agricultural right of way is a form of easement, allowing landowners or farmers to use a portion of someone else’s land to access their own property. This right is typically granted in situations where the landowner’s property is landlocked or inaccessible from public roads. In rural areas, these rights of way are vital for accessing fields, barns, and other agricultural buildings.

An agricultural right of way can be established by formal agreement or through long-term use. When a route is used for many years without objection, it can become a prescriptive right, granting access through continued, uninterrupted use. It’s important to document these rights to avoid potential legal disputes later.

Why is it important?

Agricultural rights of way are crucial to the smooth operation of farms and rural businesses. Without access to essential areas of land, farmers may struggle to manage their crops, livestock, and buildings. The lack of access can also hinder activities such as irrigation or harvesting.

Formally recognising agricultural rights of way helps protect landowners from potential disputes. If a right of way is not documented, neighbours may block access or challenge its use, leading to legal conflicts and disruptions. Clear agreements provide security and minimise these risks.

How we help at Moore Barlow

We provide guidance on establishing, managing, and defending agricultural rights of way. Our services include:

Assessing existing rights: Reviewing informal or existing arrangements to determine whether a legal right of way is in place and advising on the necessary next steps.

Creating agreements: Helping to negotiate and formalise new rights of way, clearly defining access routes, conditions, and duration of use.

Resolving disputes: Assisting with resolving conflicts related to access, whether through negotiation, mediation, or legal action if required.

Protecting rights: Supporting the registration of rights of way with the Land Registry to ensure they are legally recognised and secure.