How to Check for Footpaths, Bridleways and Public Rights of Way Before Buying Land in the UK

# How to Check for Footpaths, Bridleways and Public Rights of Way Before Buying Land in the UK

Discovering that your newly purchased land has a well-trodden public footpath running through the middle of it can be an unwelcome surprise. Public rights of way on land can significantly impact your development plans, privacy, and even the property's value. Yet many first-time land buyers overlook this crucial aspect of due diligence.

In the UK, there are approximately 140,000 miles of public rights of way, and they can cross private land anywhere — from rural fields to potential building plots. Whether you're planning to build your dream home, start a smallholding, or invest in agricultural land, understanding how to check for public footpaths and bridleways is an essential part of the buying process.

This comprehensive guide will walk you through everything you need to know about identifying and understanding public access rights before you commit to a purchase.

What Are Public Rights of Way?

Public rights of way are paths or tracks over which the public has a legal right to pass, even when they cross privately owned land. These rights are protected by law under the Highways Act 1980 and the Countryside and Rights of Way Act 2000, and they've often existed for decades or even centuries.

There are several types of public rights of way, each with different access permissions:

Types of Public Rights of Way

Footpaths are the most common type, allowing access on foot only. Walkers, hikers, and ramblers can legally use these routes, but cyclists, horse riders, and motor vehicles are prohibited. Footpaths account for roughly 60% of all public rights of way in England and Wales.

Bridleways permit access for pedestrians, horse riders, and cyclists. These wider paths were historically used for leading pack horses and are now popular with equestrians and mountain bikers.

Restricted Byways allow access for pedestrians, horse riders, cyclists, and non-motorised vehicles like horse-drawn carriages. Motor vehicles are not permitted except for certain agricultural or emergency uses.

Byways Open to All Traffic (BOATs) are the least restrictive, permitting all types of traffic including motor vehicles, though they're primarily used for recreational purposes by 4x4 enthusiasts and trail bike riders.

Permissive paths are worth mentioning separately — these are routes that landowners voluntarily allow the public to use, but they don't have the same legal status as public rights of way and can potentially be closed.

Why Checking for Public Rights of Way Matters

Public rights of way can have substantial implications for land buyers:

Development restrictions: You cannot build on or obstruct a public right of way without first applying for a diversion order, which is a complex legal process that requires approval from the local highway authority. Even temporary obstructions during construction must be carefully managed.

Privacy concerns: If you're planning to build a home on land with public access rights, you may find walkers or horse riders passing within metres of your property. This can significantly impact your enjoyment of the land and affect future resale value.

Maintenance obligations: Landowners are responsible for maintaining gates, stiles, and other structures on rights of way crossing their property. You must also ensure paths remain passable and clear of obstructions like overgrown vegetation.

Liability issues: While the public has a right to use these paths, you still have certain responsibilities as a landowner. If someone is injured due to a dangerous structure you've erected or failed to maintain, you could face liability.

Impact on valuation: Land with multiple public rights of way typically commands a lower price per acre than comparable land without such access. If you're looking for an accurate assessment of what land is worth, it's worth getting a professional land valuation that takes public access into account.

How to Check for Footpaths and Bridleways: Step-by-Step

Fortunately, checking for public rights of way on land for sale has become considerably easier in recent years, thanks to digital mapping services and online records.

Step 1: Consult the Definitive Map

The Definitive Map is the legal record of all public rights of way in a given area. Every local authority in England and Wales is required by law to maintain one. This is your primary and most authoritative source.

How to access it: Most councils now provide online access to their Definitive Maps through their websites. Search for "[Council name] Definitive Map" or "public rights of way map". Some councils integrate this information into their planning portals.

What you'll find: The map shows the precise route of each right of way, its classification (footpath, bridleway, etc.), and a unique reference number. The accompanying Definitive Statement provides written descriptions of each route.

Important note: In Scotland, the system works differently. The Land Reform (Scotland) Act 2003 established a general right of responsible access to most land and inland water, rather than defined rights of way. Check with the local authority for core paths plans.

In Northern Ireland, public rights of way are not comprehensively mapped, though the Department for Infrastructure maintains records of some routes.

Step 2: Use Online Mapping Tools

Several free and paid services overlay public rights of way data onto modern maps:

Ordnance Survey Maps: OS Explorer and Landranger maps show public rights of way using standard symbols (dashed green lines for footpaths, longer dashes for bridleways). Digital versions are available through the OS Maps app.

Magic Map: The government's Multi-Agency Geographic Information for the Countryside (MAGIC) website provides free access to environmental data including public rights of way across England.

RowMaps.com: This free service displays definitive map data for many English councils, making it easy to check multiple areas quickly.

Google Maps and other consumer mapping services: While these sometimes show footpaths, they're not legally definitive and can be incomplete or inaccurate. Always cross-reference with official sources.

Step 3: Conduct a Physical Site Visit

No amount of online research replaces actually visiting the land in person:

Look for worn paths: Well-used rights of way are often visible as worn tracks across fields or through woodland.

Check for waymarkers: Yellow arrows indicate footpaths, blue arrows show bridleways, and red arrows mark byways. These are typically placed at path junctions and field boundaries.

Inspect gates and stiles: The presence of kissing gates, stiles, or bridlegates often indicates a public right of way, as landowners are required to maintain appropriate access points.

Observe actual usage: Visit at different times, including weekends, to gauge how frequently paths are used. A little-used legal right of way may have minimal practical impact, whilst a popular route could see dozens of users daily.

Talk to neighbours: Local residents and adjacent landowners can provide valuable insights into how heavily paths are used and any historical issues.

Step 4: Request Information from Your Solicitor

When you're serious about purchasing land, your conveyancing solicitor should conduct searches that reveal public rights of way:

Local authority searches: These will identify any recorded rights of way affecting the property.

Commons Registration Act searches: These reveal any common land or town and village greens that might affect the property.

Environmental searches: Some environmental reports include public rights of way information.

However, don't rely solely on your solicitor's searches. Some rights of way may not appear on all searches, particularly if they're recently established or subject to claims. Conducting your own research provides an extra layer of protection.

Step 5: Check Planning History and Applications

Public rights of way often feature in planning decisions:

Search the planning portal: Look for any previous planning applications on the land or nearby. Planning officers often reference rights of way in their decisions, and objections from user groups like the Ramblers Association can highlight access issues.

Review any existing planning permission: If the land comes with planning permission, check whether conditions mention rights of way diversions or protective measures during construction.

Our complete guide to buying land in the UK covers planning searches in more detail.

What to Do If You Find Public Rights of Way

Discovering that land has public access rights doesn't necessarily mean you should walk away from the purchase. Here's how to proceed:

Assess the Impact

Consider how the right of way will affect your intended use:

• Does it run through a proposed building plot or along the edge of the land?
• Is it heavily used or largely forgotten?
• What type of access is permitted (foot only, or also horses and vehicles)?
• Are there multiple routes crossing the land or just one?

A seldom-used footpath running along a boundary fence may have minimal impact on a 20-acre site, whilst a popular bridleway bisecting a half-acre building plot could be a significant issue.

Explore Diversion Options

If a right of way conflicts with your development plans, you can apply to the local highway authority for a diversion order under Section 119 of the Highways Act 1980:

The process: You must demonstrate that the diversion is in the public interest, not substantially less convenient for users, and that the new route is suitable. The application involves detailed mapping, public consultation, and can take 12-18 months or longer.

Costs: Expect to pay several thousand pounds for professional help with the application, plus the authority's administrative costs. You'll also need to establish and maintain the alternative route.

Success rate: Diversion applications are not guaranteed to succeed. User groups, parish councils, and individuals can object, and the highway authority may refuse if they believe the alternative is inferior.

Never proceed with development assuming a diversion will be granted. Some buyers make this costly mistake, particularly when understanding planning permission requirements.

Negotiate the Price

Public rights of way should be factored into the purchase price. Land with significant access restrictions typically sells for 10-30% less than comparable land without such encumbrances, though this varies by location and the severity of the impact.

When negotiating, consider:

• The cost and uncertainty of potential diversion proceedings
• The impact on privacy and enjoyment
• Any additional insurance or maintenance costs
• The effect on future resale value

Design Around the Rights of Way

Many successful land development projects work with existing rights of way rather than against them:

Sympathetic positioning: Design your building plot, gardens, and access roads to minimise conflict with the footpath or bridleway.

Screening and landscaping: Strategic planting can provide privacy without obstructing the path.

Embracing access: Some landowners view public paths as amenities, particularly in rural locations where they add to the countryside feel without excessive traffic.

Regional Variations Across the UK

Public rights of way legislation and practice vary across the United Kingdom:

England: Has the most comprehensive Definitive Map system, with generally good online access to records. The Countryside and Rights of Way Act 2000 strengthened protection for existing paths.

Wales: Similar to England, with additional Welsh language requirements for signage and documentation. Welsh councils maintain Definitive Maps, though online access varies by authority.

Scotland: The right to roam legislation means public access is considerably broader than in England and Wales. The Scottish Outdoor Access Code provides guidance, and core paths plans show important routes, but there's no equivalent to the Definitive Map.

Northern Ireland: Public rights of way are less comprehensively recorded, making due diligence more challenging. The Access to the Countryside (NI) Order 1983 provides the legal framework, but many historic routes aren't formally documented.

If you're looking at land in specific counties, our location guides provide region-specific advice, including typical rights of way considerations.

Common Mistakes to Avoid

Assuming all paths on maps are public: Not every path shown on an OS map is a legal right of way. Some are permissive paths, private farm tracks, or simply routes that mapmakers included without legal status.

Relying solely on the seller's word: Even honest sellers may not know about infrequently used rights of way or may downplay their significance.

Ignoring unrecorded paths: Some public rights of way exist through long usage (known as "presumed dedication") even if they're not yet on the Definitive Map. A well-worn path used by locals for decades may become legally protected even without official recording.

Blocking paths during construction: Even temporary obstructions require permission from the highway authority. Blocking a right of way, even briefly, can result in enforcement action and fines.

Attempting DIY diversions: Moving a path without formal approval, even by just a few metres, is illegal and can result in prosecution. The path legally remains on its original route regardless of where users actually walk.

Your Legal Rights and Responsibilities

As a landowner with public rights of way crossing your property, you have specific obligations:

You must allow passage: You cannot obstruct, interfere with, or discourage legitimate use of the path.

You must maintain structures: Gates, stiles, and bridges on rights of way are your responsibility to keep in good repair.

You can control usage: You can prevent activities not permitted for that type of path (for example, motorcycles on a footpath).

You can't lock gates: Unless a gate was traditionally kept locked, you must ensure it's possible for legitimate users to pass through.

You can claim for damage: If path users damage crops, fences, or other property through irresponsible behaviour, you may have grounds for legal action.

Questions to Ask Before Buying

Before committing to purchase land with public access rights, ask:

1. Are there any pending applications to add new rights of way across this land?

2. Has the seller ever had disputes with path users or the local authority?

3. Are there seasonal variations in path usage (tourist routes, school walks)?

4. What maintenance has been required in the past?

5. Have there been any attempted or successful diversions?

6. Are there any related restrictions (common land, open access land)?

7. Do local user groups have particular interest in these routes?

Conclusion

Checking for footpaths, bridleways, and public rights of way should be a fundamental part of your land-buying due diligence. While discovering access rights might initially seem like bad news, many landowners successfully manage properties with public paths crossing them.

The key is to know what you're buying before you commit. Use the Definitive Map, conduct thorough site visits, and don't hesitate to walk away or negotiate a lower price if the public access significantly impacts your plans.

Remember that public rights of way are just one factor affecting land value and development potential. Planning restrictions, access, utilities, and ground conditions all play crucial roles in determining whether a particular plot suits your needs.

Ready to find the perfect plot? Whether you're looking for land with or without public access, get a free land valuation to understand what you should be paying. Or browse our comprehensive guides for more essential advice on buying land in the UK.

Taking the time to properly research public rights of way now will save you from costly surprises, legal complications, and development disappointments in the future. Your perfect piece of land is out there — and with proper due diligence, you'll find it with your eyes wide open.