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Right of Way Dispute Letter

A completed letter requiring removal of an obstruction to an expressly granted pedestrian easement, with evidence and a proportionate resolution route.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# RIGHT OF WAY DISPUTE LETTER

Date: 9 June 2034

Parties: Lewis Carter, Hannah Brooks and 8 Cedar Mews

## 1. Purpose and parties

Lewis Carter, registered proprietor of 8 Cedar Mews, Bath BA1 6RT (title AV778811), writes to Hannah Brooks, owner of 10 Cedar Mews (title AV778812), about the pedestrian right of way over the eastern strip of 10 Cedar Mews. The route is 1.2 metres wide between points A and B on the plan to the transfer dated 4 September 1996, expressly granted for the benefit of number 8.

## 2. Facts, scope and terms

The transfer grants passage on foot at all times, subject to keeping the route reasonably clear and repairing damage caused by the dominant owner. It is noted as a benefit in title AV778811 and as a burden in AV778812. Lewis has used it openly to reach Cedar Lane since buying number 8 on 12 January 2026; he has not widened it, parked on it or caused the alleged damage.

## 3. Process and responsibilities

On 2 June 2034 Hannah installed a locked timber gate at point A and placed three large planters across the route. Lewis asked by text on 3 June for a key and removal of the planters, but Hannah refused on 4 June and said the right had been abandoned. Lewis encloses the transfer, title registers, plan, dated photographs, messages and a neighbour statement confirming regular pedestrian use on 6 June.

## 4. Evidence, records and safeguards

The registered express grant is the primary basis of Lewis's position; he does not need to rely on prescription. A gate may be permissible if it does not substantially interfere with the grant, but a locked gate without an available key and planters narrowing the 1.2-metre route prevent ordinary passage. Lewis is willing to keep the route tidy and pay for damage he causes, but denies that normal use amounts to damage.

## 5. Review, escalation and outcome

Lewis requires Hannah by 16 June 2034, seven days after this letter, to remove the planters, provide a working key or code if the gate remains, and confirm that the route will not be blocked. He will not remove Hannah's gate himself. He invites a joint inspection on 12 June at 16:00 and proposes a short written protocol for access, without conceding any variation of the registered easement.

## 6. Reservations and practical protections

If the obstruction remains after 16 June, Lewis will seek legal advice about a County Court claim for a declaration and injunction and, if proved, damages for interference and recoverable costs. He will first offer mediation through an agreed mediator and will preserve evidence. An urgent application may be considered only if access is needed for safety or an emergency; this letter is a proportionate opportunity to resolve the issue, not a threat of immediate self-help.

## 7. England and Wales law and completion

This completed fictional letter is governed by England and Wales law and dated 9 June 2034. Lewis reserves rights under the transfer, the Land Registration Act 2002 and common law, while recognising that the court decides the extent of any easement. The parties should keep communications civil, avoid trespass or confrontation, and record any agreed gate arrangement in a signed deed or protocol that does not contradict the registered title.

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