OUr Expertise
Highways Footpaths and Rights of Way
Access issues can delay development, restrict the use of land and lead to disputes with neighbours or public authorities. Mercantile Barristers advises landowners, developers, businesses and individuals on highways, public footpaths and rights of way. We help establish the legal position and assess how it affects your property or proposed project.
Establishing the status of a route
A route may be a public highway, a public footpath or subject to private access rights. We review the relevant records, plans, title documents and evidence of use to identify the issues. Where the existence, extent or permitted use of a route is disputed, we advise on the evidence needed and the available means of resolving the disagreement.
Access and development proposals
Planning permission does not by itself remove access rights or authorise the obstruction of a public route. We advise on the legal implications of access arrangements and proposals affecting highways or footpaths. Where a diversion or stopping up order is needed, we assess the relevant procedure and assist with applications, representations and objections as appropriate.
Disputes over use and obstruction
We advise on blocked routes, disputed access arrangements and disagreements about the use of rights of way. Our barristers can assist with negotiations, prepare legal submissions and provide representation in the relevant proceedings. Where urgent action is required, we advise on the options for protecting access or preventing interference with your rights.
Coordinating the legal and technical issues
We work alongside your planning, surveying and highways advisers so that legal rights are considered with the project’s practical requirements. Our advice helps you identify what must be resolved before works begin and assess whether an agreed solution is achievable.
Discuss your matter with Mercantile Barristers
Contact our clerking team on 020 3034 0077 or email enquiries@mercantilebarristers.com with a brief outline of your matter and any relevant deadline. We will explain the next steps and proposed fees.
How Our Process Works
Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first. The process is just as straightforward. Here’s how the process works:
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Initial Consultation
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
