When Access Fails: How Rights of Way Disputes Impact Property Value And Why Specialist Valuation Matters

When people think about property value, they usually focus on familiar factors: location, condition, size, kerb appeal, and sold comparables. Very few ever consider something far more fundamental: the legal right to reach your own property.

Yet, as I’m currently seeing in a live case, access rights can make or break a property’s usability, marketability, and long-term worth.

This blog explores a real scenario I am dealing with as a Chartered Valuation Surveyor and RICS Registered Valuer, where a client unexpectedly lost access to his own garage because the original conveyancer failed to secure formal rights of way. It is a powerful illustration for both homeowners and solicitors of how quickly access issues can escalate, and why independent expert valuation evidence becomes essential in any dispute, litigation, or claim for diminution in value.

A Garage You Can No Longer Reach: The Case Background

My client purchased a property with what appeared to be straightforward access to a sizeable, purpose-built garage. The arrangement worked perfectly for years. Vehicles passed across a strip of neighbouring land, and nobody questioned it.

But there was a problem…

A problem no one knew existed.

The right of way was never legally secured.

The original conveyancer failed to obtain:

• a formal easement
• a deed of grant
• a right of access
• any legally binding documentation whatsoever
  

Everything rested on an informal understanding with the previous landowner. When that land changed hands, the new owner immediately withdrew permission.

Overnight, my client lost access to his own garage… with his car trapped inside.

Although my client fortunately owns another adjoining parcel of land, allowing access to the main house, the garage has effectively become unusable. Its market value, functional value, and benefit to the property have been severely compromised.

This is more than an inconvenience. It is a material loss.

Why Loss of Access Matters in Valuation Terms

Access is one of the most powerful determinants of property value. Without it:

• use becomes restricted
• marketability decreases
• buyer appetite weakens
• finance and lending become difficult or impossible
• the property may be classed as having a legal defect
  

In valuation terms, the key concept is diminution in value: the measurable reduction in Market Value caused by a defect, dispute, or restriction affecting the property.

Loss of access can dramatically affect:

• the utility of outbuildings
• parking potential
• storage and security
• development potential
• the attractiveness of the main dwelling
• liquidity in the open market
• insurability and mortgageability
  

For many buyers, a garage they cannot reach is worse than no garage at all. It becomes a liability rather than an asset.

Why an Estate Agent’s Market Appraisal Isn’t Enough

One common misconception is that an estate agent’s opinion is equivalent to a valuation.

It is not.

Estate agents provide market appraisals, primarily aiming to secure an instruction to sell. Their fee is dependent on successful marketing. Their assessment is not designed for legal scrutiny, expert witness purposes, or the level of independence required in litigation.

For disputes, particularly where rights of way, easements, boundaries, or contraventions are involved, solicitors and homeowners need:

• a RICS Red Book–compliant valuation
• a Chartered Valuation Surveyor
• independent, evidence-based analysis
• valuation outcomes that are defensible in court
  

In this case, my role is to quantify the impact of the loss of access on the property’s Market Value and provide a robust valuation to support litigation against the original conveyancer.

How a Chartered Valuation Surveyor Assesses Diminution in Value

Producing a diminution valuation is not simply a matter of subtracting an arbitrary figure. It requires:

1. A clear understanding of the defect or problem

The exact area of land affected, the legal position, the timeline of access, and the physical impact on the property’s use.

2. Analysis of the “with defect” vs “without defect” value

This forms the core of a diminution valuation.

What would the property be worth if the right of way had been secured correctly, compared against the value in its defective state?

3. Market evidence

Comparable sales of:

• houses with garages
• houses without garages
• properties with restricted access
• properties with legal or title defects
  

This provides a defensible evidence base.

4. Consideration of buyer perception

Even if workaround access exists, market psychology plays a major role. Buyers tend to avoid litigation, uncertainty, or complications.

5. Consideration of lender criteria

Mortgage providers may decline properties with defective access, lowering overall demand and therefore reducing value.

Why Solicitors Instruct Valuation Experts in Access Disputes

Solicitors routinely involve valuation surveyors in disputes relating to:

• rights of way
• easements
• adverse possession
• boundary disagreements
• covenants restricting use
• negligence by conveyancers
• misrepresentation
• professional indemnity claims
  

A well-prepared RICS Valuation Report can:

The combination of legal argument and independent valuation evidence is essential for establishing causation and quantum.

Why Homeowners Should Act Early in Access Disputes

If you are a homeowner and something feels “informal” or “uncertain” about your access arrangements, it is critical to obtain advice early.

Look out for red flags such as:

• reliance on verbal permission
• shared driveways without documentation
• inconsistently marked boundaries
• gates or barriers on land you don’t own
• informal arrangements with neighbours
• access over private land not shown on the title plan
  

A simple oversight during conveyancing can lead to major financial and legal repercussions later.

When Access Fails — Who Should You Call?

If you are:

• a homeowner facing an access or boundary issue,
• or a solicitor preparing a claim involving loss of value, negligence, or defective title,
  

a RICS Registered Valuer provides the independent, defensible evidence required.

At Bramble & Wagg, we specialise in:

• diminution in value
• expert witness valuation
• conveyancing negligence claims
• rights of way and access issues
• probate, matrimonial, and tax valuations
• disputes involving title defects
  

If you need an independent opinion or wish to discuss an instruction, we are here to help.