I’ve been writing about UK property for long enough to notice a pattern. Almost every buyer I hear from who ran into trouble after moving in — blocked access, a neighbour claiming they owned the driveway, a shared path that suddenly wasn’t shared — had one thing in common. They didn’t check the right of way before they exchanged contracts. A right of way is a legally established entitlement that lets someone pass over land owned by someone else. It sounds simple, but the details get complicated fast. And if you buy a house without understanding what rights exist over your land — or what rights you’re supposed to have over someone else’s — you could end up with a property that’s harder to sell, more expensive to maintain, or even landlocked. Here’s what you actually need to know.
If you’re in the middle of house hunting and want to avoid common mistakes, understanding rights of way is one of the smartest moves you can make. A video doorbell like the Arlo Essential Wireless Video Doorbell can help you monitor shared access points after you move in, but the real work happens before you buy.
What a Right of Way Actually Means for Your Property
The most important thing to understand is that a right of way is not permission to trespass. It’s an easement — an agreement to share land, not to take it over. If you own the land that someone else has a right to cross, you cannot block them. But they also cannot use the land for anything beyond what the right allows. A pedestrian right of way does not give them permission to drive a vehicle across your garden. And a right to access a utility meter does not give them the right to park there.
What I’d do if I were buying today: I’d ask my solicitor to walk me through every single entry on the charges register before I exchanged. Not just the ones that look obvious. A right of way for “all purposes” is very different from one limited to “pedestrian access only.” The difference can change how you use your own garden.
Why Right of Way Disputes Are So Common
Disputes over right of way access are quite common and can escalate quickly into serious legal matters. I’ve seen cases where a new owner put up a fence across a path their neighbour had used for decades, not realising that 20 years of continuous use had already created a legal right. The neighbour got an injunction. The fence came down. And the new owner paid the legal costs.
Here’s a scenario that comes up more often than you’d think. You buy a terraced house with a shared back alley. You assume you can use it to take your bins out. But the deeds show the alley belongs to the house at the end of the terrace. The other owners only have a right of way — and if one of them blocks it, you have no automatic right to clear it yourself. You’d need to go through legal channels.
What I’d do: before I made an offer, I’d walk the boundaries and note every gate, path, and driveway that crosses the property. Then I’d ask the seller directly: “Who uses this, and what for?” Their answer might not be legally binding, but it gives your solicitor something to check.
If you’re worried about boundary disputes or access issues, a property lawyer can help clarify your rights and obligations before you commit to a purchase. It’s cheaper to ask now than to fight in court later.
Where Buyers Get Tripped Up on Rights of Way
Most people assume that if a right of way isn’t on the title register, it doesn’t exist. That’s not how it works. Here are the mistakes I see most often.
Assuming Unregistered Rights Don’t Count
Rights of way can be created by express agreement, implied grant, necessity, or longstanding usage. Only the first one — express agreement — is guaranteed to be on the deeds. The others can exist without any paperwork. If your neighbour has been driving across your driveway for 22 years, they may have a prescriptive right even if the title register says nothing about it. Your solicitor needs to check the property information form and ask about any shared access that isn’t documented.
Mistaking a Licence for a Right of Way
A licence is permission to use land, but it’s not a legal right. It can be withdrawn at any time. A right of way is much stronger. If the seller says “the neighbour has always used the path,” that might be a licence, not an easement. The difference matters if you ever want to block it or sell the property. A buyer’s solicitor will want to see proof that the right is properly registered, not just tolerated.
Ignoring the Maintenance Obligation
Both the property owner and the holder of the right have responsibilities. Owners must not obstruct a right of way, and they may bear at least partial responsibility for maintenance. If you own the land and someone else has a right to drive over it, you might be expected to keep the surface in reasonable condition. That can mean resurfacing a driveway or repairing a gate — costs you didn’t budget for.
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| Type of Right | How It’s Created | Where It’s Recorded |
|---|---|---|
| Express grant | Written into a deed | Title register (charges or proprietorship) |
| Implied grant | Necessity or historic use | May not be registered |
| Prescriptive right | 20+ years of continuous use | Not on deeds until claimed |
| Statutory (s.62) | Implied by law on transfer | Not always obvious on register |
What I’d do: if I saw a shared driveway or a path that crossed the boundary, I’d ask my solicitor to raise a specific enquiry with the seller’s conveyancer. I’d want written confirmation of who maintains it, who pays for repairs, and whether any disputes have ever arisen. A real estate lawyer can help you draft those enquiries and interpret the answers.
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How to Check and Protect Your Right of Way Before You Buy
You don’t need to become a property lawyer to get this right. But you do need a system. Here’s the process I’d follow if I were buying a home today.
Read the Title Register Yourself
Your solicitor will do this, but you should too. The title register is a public document. You can buy a copy from HM Land Registry for a few pounds. Look at the charges register — that lists rights other people have over your property. Then look at the proprietorship register — that lists rights you have over neighbouring land. If you see phrases like “right of way” or “easement,” make a note of exactly what it says. If it says “at all times and for all purposes,” that’s broad. If it says “on foot only,” that’s narrow. The difference matters.
- 1Buy the title register and title planFrom HM Land Registry online. The plan shows the property boundary with a red line. Anything inside that line is yours exclusively — unless a right of way crosses it.
- 2Compare the register with what you see on the groundWalk the property. Does a path or driveway cross the boundary that isn’t mentioned in the deeds? That could be an unregistered right. Flag it to your solicitor.
- 3Ask the seller direct questionsUse the property information form (TA6). Ask about shared access, maintenance arrangements, and any disputes. The seller is legally required to answer honestly.
- 4Get your solicitor to raise specific enquiriesIf anything is unclear, your solicitor should ask the seller’s conveyancer for written clarification. Do not rely on verbal promises from the estate agent.
Check for Overriding Interests
Some rights of way are not on the register at all. These are called overriding interests. They include prescriptive rights (20+ years of use) and some implied rights. Your solicitor should check the property information form and the disclose-able overriding interests part of the seller’s paperwork. If the seller mentions that a neighbour uses a path, that’s a red flag to investigate further.
What to Do If You Find a Problem
If you discover a right of way that wasn’t disclosed, or one that’s broader than you expected, you have options. You can negotiate a lower price to account for the inconvenience. You can ask the seller to get the right removed or varied before completion. Or you can walk away. The key is to find out before you exchange contracts, not after. Once you own the property, you’re stuck with whatever rights exist — registered or not.
If you’re unsure about any of this, getting prequalified for a mortgage is a good first step, but understanding the legal side is just as important. A estate lawyer can review the title and advise on any risks before you commit.
Can a right of way be removed? ▾
What happens if a neighbour blocks my right of way? ▾
Does a right of way affect my home insurance? ▾
Can I build a gate across a right of way? ▾
What’s the difference between a right of way and a covenant? ▾
If this was useful, you might also want to read Negotiation Ninja: UK Home Buying Tactics That Actually Work.
Sources and Further Reading
DIY vs Done: When Is Buying a Fixer-Upper a Smart UK Home Investment? — If you’re considering a property with shared access or boundary issues, this guide helps you weigh the renovation trade-offs.
Understanding Right of Way Access to Property. Stephensons Solicitors, 2024.
Rights of Way Explained for Home Buyers in the UK. Conveyancing Limited, 2024.
