What should I know about buying a house with a right of way across the garden?

What is a right of way across a garden?

A right of way is a legal permission that allows someone to pass through land that belongs to another person. When it crosses a garden, it means someone else has the right to walk or drive over part of that garden to get to another property or location.

Right of way rights are typically recorded in the title deeds or registered with the land registry. They might be for pedestrians only, vehicles, or sometimes both.

How common are rights of way on residential properties?

Rights of way are not unusual, especially in older or rural properties. They can sometimes cause issues if the access is through a private garden, which can affect enjoyment and privacy. When buying, it’s important to identify any rights of way early in the conveyancing process.

Why does a right of way matter when buying a house?

• Access and privacy: Others will legally be able to cross your garden, which might affect quiet enjoyment and security.
• Maintenance responsibilities: Sometimes the owner of the property with the right of way has duties to keep the path or track in good condition, but often the owner of the land maintains it.
• Impact on property value and saleability: Future buyers may be wary of properties with rights of way crossing private gardens, potentially affecting market value.
• Legal clarity: Knowing exactly who has the right, over which route, and under what conditions can prevent disputes later.

How to find out if there is a right of way over a garden?

Most rights of way will be disclosed during conveyancing via:

• Title deeds and Land Registry records: These should show if a right of way exists and its details.
• Property Information Form (TA6): The seller must answer questions about rights of way, easements, and other property matters.
• Local authority searches: Sometimes these reveal public footpaths or highways.
• Physical inspection: Visible tracks or paths may indicate a right of way, but absence of visible markers doesn’t guarantee there isn’t one.

What should buyers consider about rights of way across the garden?

Extent of the right of way

Check exactly where the right of way runs, its width, and permitted use (pedestrians, vehicles, etc). Sometimes the route might be narrow or tucked away in a corner, affecting impact.

Use and restrictions

Some rights of way may allow only specific users such as adjoining landowners or utility companies. This can limit how often and by whom your garden is crossed.

Maintenance and repair obligations

Clarify who is responsible for upkeep of the right of way. You may be liable for repairs or maintenance costs, which can be ongoing expenses.

Boundary and fencing implications

A right of way can affect where fences, walls or hedges can be placed or maintained, influencing privacy and security.

Insurance and liability

If someone uses the right of way and is injured, your home insurance may be affected. Check your insurer’s policy conditions if you plan to buy.

Can a right of way be changed or removed?

Changing or extinguishing a right of way after purchase is usually difficult. It typically requires agreement with all benefited parties or a legal order from the court or local authority, often involving a long process.

Because of this, buyers should treat the existence of a right of way as a long-term factor influencing their choice.

How can conveyancing help with rights of way?

A regulated conveyancer will review the title documents and property information forms carefully to spot any rights of way. They will advise you on the legal and practical impacts and check for related issues such as restrictive covenants or easements.

In some cases, they may recommend further investigation or surveys if the right of way’s position or use is unclear.

Steps to take if you find a right of way exists

1. Discuss with your conveyancer the full implications for your specific circumstances.
2. Consider whether the location and use of the right of way affect your plans for the garden or property.
3. Speak with your mortgage lender to confirm they will lend on a property with such a right of way.
4. Factor any potential costs or impact on property value into your decision.
5. Ensure your offer and contract clearly reflect the existence of the right of way to avoid disputes later.

How we can help

Affordable Conveyancing connects you with regulated solicitors and licensed conveyancers experienced in handling properties with unusual features like rights of way. We provide fixed-fee, itemised quotes so you know the costs before you commit. Whether you’re buying, selling, or dealing with specialist conveyancing, visit our get a quote page to start your enquiry today.

This guide is general information about the law in England and Wales as at the date shown above. It is not legal advice. Every property is different, so ask your conveyancer about your own situation. More in Unusual property searches explained.