A locked gate across the farm track. A car left in the middle of a shared drive. A new fence where the lane used to run. Few property disputes feel as urgent — or escalate as quickly — as a blocked access.
First, keep safe and keep a record
Do not confront anyone, and if there is any threat of violence, call the police. Then start a record:
- photographs and video of the obstruction, with the date and time;
- what the obstruction prevents — reaching your home, moving livestock, getting machinery or deliveries in;
- a note of every conversation, message and letter, made at the time.
Check what right you actually have
Your rights will usually be found in the deeds, and easements are often noted on the Land Registry title register of the property that benefits. Check:
- whether the right is written down, or claimed through long use;
- what it covers — on foot or with vehicles, and for what purposes;
- the route and, if it is stated, the width;
- whether the deeds allow gates, and on what terms.
If the right rests on long use, gather evidence now: statements from people who have used the route, old photographs, aerial images.
Put your position in writing
A calm letter setting out the right, the obstruction and what you want done, by a clear date, is often enough. If the other side’s concern is genuine — gates left open, livestock escaping, speeding — say how it can be met. Many access disputes are really about something else, and settle once that is dealt with.
Can I remove the obstruction myself?
The law allows limited self-help: in some circumstances you may remove an obstruction to a right of way, doing no more than is necessary. In practice it is risky. Go too far, damage property or provoke a confrontation, and you may find yourself the defendant. Take advice before doing anything more than recording what has happened.
Urgent injunctions
Where access is being prevented, the County Court can grant an interim injunction requiring the obstruction to be removed until the dispute is decided. In a genuine emergency, an application can be made without notice to the other side and heard within days, sometimes sooner. The court considers whether there is a serious issue to be tried and where the balance of convenience lies, and you will usually have to promise to compensate the other side if it later turns out that the injunction should not have been granted.
Two things count against applicants: delay, and failing to give the court the full picture. If you may need an injunction, move quickly, and be ready to disclose everything relevant — including the points against you.
Keeping it in proportion
Injunction applications are expensive, and a court order does not restore good relations with a neighbour you will keep meeting at the gate. Even after an injunction, mediation is often the quickest route to a permanent settlement: an agreed route, keys or codes for gates, clear rules about parking and maintenance.
A short checklist
- Keep safe, and do not confront anyone.
- Photograph, film and date the obstruction.
- Find your deeds and title documents.
- Write down what happened, and when.
- Take advice promptly — before removing anything.
If your access has been blocked in Cornwall or Devon, call or send an enquiry, or read more about rights of way and easements.