Who is allowed to access a property is an important subject when you own a house.
After all, you don’t want strangers walking through your garden.
Sometimes, a written document is needed to grant access to land.
But on other occasions, a right of access can be ‘implied’ because the same person has used it for a long time.
In this blog, we’ve explained the main types of right of access to property in the UK.
What is right of access to property?
A right of access indicates that someone is allowed to pass through a property’s grounds.
This can be granted in several ways, which we have outlined below.
1. Public right of way
A public right of way means that anyone can use the designated pathway. It is one of the most widespread rights of access in the UK.
You will often find these across privately owned farmland and sometimes through small sections of back gardens in rural areas.
Some public rights of way are also open to horse riders, cyclists or motorists.
Most public rights of way will have a sign indicating this. The sign should state how long it goes on.
And it will often be clearly marked in the land, as many people have walked across it over time.
2. Right to roam
Another type of access right is the right to roam. This is sometimes known as ‘open access land’ or ‘access land’.
It can be both privately or publicly owned and might include the following:
- Mountains
- Lakes
- Moors
- Heaths
- Downs.
You can walk, run, climb and watch wildlife on this land. But you cannot use it for horse riding or cycling unless the landowner approves it. The only animal you can bring onto this land is a dog.
You can find a map online indicating all the right to roam areas in the UK.
It includes common land registered with the local council and some land around the King Charles III England Coast Path.
3. Private right of way
A third type of access right is a private right of way. This means that land or property access has been granted only to a specific individual or group of people.
This access right can be created through an express grant in a deed. It can also be outlined in a conveyancing document.
Sometimes, a private right of way is implied if the same person or group has used it for a long time. UK law usually grants someone the right of way if they’ve been using it for 20 years without complaint.
There is a minimal difference between a ‘private right of way’ and an ‘easement’. We have explained this further below.
4. Permissive access
Some landowners might allow people to use their land for specific activities. Common examples include:
- Walking
- Cycling
- Horse riding
- Shooting.
These areas are not usually shown on maps because the arrangement is rarely ‘permanent’. There will often be a written agreement in place.
What is an easement?
An easement is similar to a private right of way but with a few additions.
Easements are usually held between two landowners. It gives one of them the legal right to use the other’s property for a specific purpose.
Some easements allow the other landowner to pass through the property. But you can also get ‘Utility Easements’, meaning that one party has the right to run power or telephone lines through another person’s land.
Another type of easement, an ‘Easement of Necessity’, grants the right to use another person’s property to access your property.
In rare cases, you might encounter an easement outlining a right to light.
This permits the recipient to receive light through defined openings in a building on another person’s land.
Can I ask someone for the right of access to their property?
Yes, you can outline a formal request for the right of access. The form request takes depends on the circumstances.
Speak to a solicitor who can guide you on drafting this document and then submitting it to the relevant person.
Reasons you might need right of access to someone else’s property
Access to another property
Sometimes, an individual will need to pass through your land or property to access their own.
If they have done this for many years, it might become an implied right. But a formal agreement is often in place to let them do this.
Repairs and preservation
Repairs and preservation are two more common explanations. Perhaps a drain, sewer, cable or pipe needs to be replaced.
Or a tree has fallen onto a neighbouring piece of land, which must be dealt with.
In these instances, the right of access might be for you and the professional completing the work.
For example, you could need to access someone’s property to fill in or clear a ditch.
What if right of access is refused?
If your neighbour refuses to grant you access, you should try to get a court order. This can be done with the support of a legal professional.
How do I check access rights when buying a house?
Access rights to the property will be confirmed as part of the searches that your solicitor completes.
Your estate agent should ask the previous owner if any access rights apply.
They need to be honest when selling the house, and so should point you in the right direction. Whether what they’ve conveyed is accurate can then be confirmed by your solicitor.
Access rights will sometimes be specified in the title deeds of a house. Your solicitor should inform you if that’s the case.
Alternatively, your solicitor will complete local searches to find the information they need.
