jill fisher: rights of way - highway research

Landowners and their Agents often get an unwarranted bad press, being painted as the‘ bad guys’ in rights of way and highway disputes.

I can ensure that you receive a first class service, in terms of the quality and independence of my research, and even act as an intermediary between the involved parties in some cases.

The problem

Volunteer groups – although their members are usually unpaid – have at their disposal huge resources of time, enthusiasm and, in many instances, relevant rights of way and highway expertise.

They have a vested interest in making rights of way claims – footpaths, bridleways or carriageways, depending on the organisation’s particular concern – but are not impartial, nor are they always aware of, or sympathetic to, the landowners’ concerns.

Highways Authorities are usually strapped for cash these days, but they do have some resources, and much rights of way and highway knowledge. Unfortunately (even though it’s understandable) they have to concentrate their dwindling resources upon those of their clients who make the most noise which, let’s face it, isn’t usually the landowner who’s concerned about a potential footpath, bridleway or carriageway crossing his land and, possibly, disrupting his – or her – means of making a living!

Some current rights of way and highway claims and disputes may have been active for years – decades, even – with some having already been to more than one Public Inquiry.

But now the Countryside and Rights of Way (CROW) Act 2000 looks set to inflame the problem even more, as volunteer groups rush to claim all potential rights of way and highways – footpaths, bridleways and, especially carriageways – before the closure of the Definitive Map in 2026.

Work is already under way to begin a systematic research process into all the ‘lost ways’ (footpaths, bridleways and carriageways) in the country, and the national research programme is set to be rolled out, starting almost immediately.

The solution: how jill fisher can help

I can provide timely, reliable and confidential solutions to your – or your client’s – right of way problem.

Each of these possible solutions includes the research of documentary evidence in local and national archive and record offices, and will produce a detailed and comprehensive report of my findings.

I can help in the following ways

• Case work: research on the status and class of an individual alleged right of way or highway;
• Estate surveys: research of local and nationally available documentary sources (as well as an evaluation
  of your/your client’s own private archive if applicable – see below), to assess the likelihood of any future rights of way and highway claims. This is likely to be of great ‘peace of mind’ value in advance of the research to be undertaken ender the aegis of the CROW Act 2000;
• Pre-purchase surveys: to identify any potential for future rights of way or highway claims, before you or your client take the decision to purchase;
• Assessment of private archives: a comprehensive and completely confidential assessment of the documents in your, or your client’s possession, to identify documentary evidence relating to rights of way or highways. Although there may not be copies of this evidence in the public domain, and although it would not normally be publicly available, it’s always helpful to have the full picture. And you (or your client) might unknowingly have in your possession the one piece of evidence that will tip the balance in your favour!
• Assessment (confidential and comprehensive, of course!) of documentary evidence presented by other parties in support of a right of way or highway claim;
• Preparation and presentation of documentary evidence at Public Inquiries: preparation of a well-researched ‘proof of evidence’, liaison with your legal team (I can even suggest suitable
  specialist professionals – solicitors and barristers – with whom I’ve worked before, if necessary), and appearance as an Expert Witness;
• Training and seminars: in the relevant aspects of highway, rights of way and countryside law and practice; the impact of the CROW Act 2000; rights of way and highways research and reporting methodologies.
  
  
  If you require any more information about the services I can provide, please don’t hesitate to contact me.