Public Rights of Way in England and Wales

Originally written by Abigail Taylor, updated by the editorial team on 20th May 2026

What is a public right of way?

A public right of way is a route that anyone can use to pass through land, regardless of who owns it, subject to the specific rights that apply to that particular path. Many of these routes have historical origins dating back centuries and are protected by law. The landowner cannot stop people using them, even if the path runs through their garden or across their fields, though temporary closures may be authorised for roadworks, utility repairs or specific land management practices approved by the local authority.

You can find rights of way marked on Ordnance Survey maps, in local walking guides, and on your council's definitive map. Many are also marked on the ground with wooden signposts or coloured arrows.

There are four main types:

Footpaths: for walking only
Bridleways: for walking, horse riding and cycling
Restricted byways: for walking, horse riding, cycling and non-motorised vehicles such as horse-drawn carts
Byways open to all traffic: for any form of transport, including motor vehicles

The type of right of way determines what you can legally do on it. Using a motorised vehicle on a footpath, bridleway or restricted byway is a criminal offence that can result in fines and seizure of the vehicle. This includes dirt bikes and quad bikes. Police in many areas actively target illegal off-road riding due to the noise and disruption it causes to residents and walkers.

Neighbour Rights Checker

Check your legal rights in any neighbour dispute. Takes 1 minute.

Try our Neighbour Rights Checker free, here on this site →

Responsibilities of landowners

If a public right of way crosses your land, you have legal duties under the Highways Act 1980 to keep it accessible. You cannot block the route, lock gates that should remain open, or allow vegetation to grow over the path.

Your responsibilities will usually include:

Keeping the path clear of obstructions such as fences, vehicles or building materials
Cutting back hedges, trees and crops that overhang or block the route
Maintaining any gates or stiles that you have installed or that exist within your land boundaries
Not ploughing or disturbing the surface of a footpath or bridleway unless it crosses a field, and then restoring it within 14 days for the first disturbance or 24 hours for subsequent disturbances in the same growing season
Ensuring any animals on your land do not intimidate or endanger people using the path

Public rights of way have a legal minimum width, which varies by type. A cross-field footpath must be at least one metre wide, while a headland footpath along the edge of a field must be 1.5 metres. Bridleways require greater widths. Landowners must not plough, crop or obstruct within these limits.

The local highway authority, usually your county council or unitary authority, is responsible for signposting routes where they leave a road. Responsibility for surface maintenance varies according to local agreements and historical practice, but the day to day duty to keep the path clear of obstructions typically falls to the landowner.

If you are unsure about your obligations, your local council's rights of way team can advise you.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What to do if a right of way is blocked

Obstructed paths can lead to misunderstandings or disputes between neighbours. Someone may have parked across a route, erected a fence, or allowed their hedge to grow across the path entirely.

Your first step should be to speak to the person responsible if you feel comfortable doing so. They may not realise they are causing a problem, or may have misunderstood where the right of way runs.

If that does not resolve things, report the obstruction to your local council. Every council has a duty to protect rights of way and can take enforcement action against landowners who block them. This may include serving a notice requiring them to remove the obstruction. If they fail to comply, the council can do the work itself and recover the costs.

You can also report problems to the Ramblers, who campaign for access to the countryside. They maintain a network of volunteers who monitor paths and work with local authorities to resolve access issues.

In theory, members of the public have the right to remove just enough of an obstruction to get past, but this can lead to confrontation and is rarely advisable. Letting the authorities handle it is almost always the better approach.

Disputes and changes to rights of way

Landowners sometimes want to move or close a right of way. This requires a formal legal process under the Highways Act 1980 or the Town and Country Planning Act 1990. You cannot simply stop maintaining a route and assume it will disappear from the map.

Applications to divert or extinguish a right of way go through the local council or, in some cases, the Planning Inspectorate. The public has the right to object, and applications are often contested.

Temporary diversions for events, building works or land management can sometimes be arranged without a formal application. Landowners must apply to the highway authority and provide adequate notice to the public, usually through signs at each end of the affected section.

If you believe a route should be recorded as a right of way but is not currently on the definitive map, you can apply to have it added. You will need to provide evidence that the public has used the route without permission, force or secrecy for at least 20 years.

For detailed guidance on the legal framework around public rights of way, visit GOV.UK or contact your local council's rights of way officer. The Open Spaces Society also publishes useful guides for anyone dealing with access disputes.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Neighbour Rights Checker lets you check your legal rights in any neighbour dispute. Takes 1 minute. Try it now →

81 questions

Ask Problem Neighbours a Question

ProblemNeighbours Editor 21/05/2026 at 9:15 am

@Sue This sounds messy and you really need a property solicitor rather than a forum, as the status of that strip is the key issue. If it's a public bridleway, blocking it with a gate or parked car is potentially an offence under the Highways Act, and you can report obstruction to the council's rights of way officer. Scaffolding overhanging a bridleway usually needs a licence from the highways authority though, not the neighbours' permission. Get the definitive map checked at County Hall to confirm its status before spending more on legal letters.

Sue 24/08/2023 at 6:34 pm

We purchased a house with a 3.5m access way on the side. Our legal searches showed it a as a public bridle way. However,just before we commenced our renovation project the adjacent neighbours objected stating the land was privately owned and each house owned the strip at the end of their garden. We checked the deeds to validate. It states that right of way has to be clear. Our deeds does not state any access. The neighbours are objecting to allow us to put bridge scaffolding up (this will cause zero obstruction to the access way) and permit us to use the access way for any reason at all. We only want access for 4 weeks. The have since tired to get a court injunction and park their car there so we are unable to build calling it a safety risk. They have also rectified a 6ft high metal gate to stop us coming on the land. Is there anything we can do to get around this. They have now admitted they don't approve of our build but the council have granted permission. Pls advise.

Katy73 09/01/2023 at 8:02 am

There is a public footpath running through a neighbouring field which then comes down my drive and ends on my front lawn! Would it be easy to get this part removed?

Lisa 12/07/2021 at 5:26 pm

Does anybody actually get a reply from this site?

Pam 26/06/2021 at 8:31 pm

I live in the middle of a row of terraced houses on a busy A road. Due to its location, sometimes we cannot park our car outside our house.
The end house in the terrace has a patch of land beside it followed by another stretch of houses and so on.
The patch of land gives vehicle access to the rear of the terrace and also onto a local field, through to other houses etc.
The owner of the end house flatly refuses to let anyone park their car beside his fence on the patch of land, claiming its his land.
He has rear access to a garage within his boundary and a notice at the the front asking people not to block his driveway.
How can I find out 1. Who the land in between the terraces belongs to. 2. If he has the right to 'bully' people into not parking next to his fence (not blocking his driveway)

Daisy 02/06/2021 at 10:28 am

Our terrace used to be totally council tenants , now that is not the case only three council tenants remain the rest being private ownership. We have. R .O.w that passes directly behind our house and splits our back door entrance from our garden entrance , although used daily by the tenants not the general public , now mostly all the old guard have died the terrace has become a nightmare kids whizzing up and down on electric scooters,bikes , screaming and shouting no child was ever allowed to do this even my own ,it was a nice area in a quite village ,can I ask these people to keep there children under control in there own gardens( which are at least 120 ft long )as my solicitor said when we bought the house we also bought the strip between our back door and our garden fence , so do I have the right to ask these people not to let their kids play on my bit of land as it is for access only ,not a playground and if I get injured being elderly it will break something do I sue the tenant or the council ?

Grumpy 23/05/2021 at 3:23 pm

We have a public footpath that runs outside of our front gate that is part of the Lawrence trail in Dorset the section of path that passes my property is owned by the MOD. The path is heavily used by people walking and is also very popular with horse riders, the aforementioned have no regard for other path users and as far as I understand the riding of horses is forbidden on footpaths, the MOD line is that it is our ground and we decide who uses it. Can someone confirm both of my queries 1. Hoses on footpaths 2 MOD are they correct.

Han 21/05/2021 at 3:23 pm

I was wondering if someone can help me. My partner and me brought a new build house that is on a public foot path. We are 90% sure we are meant to have fence railings around our home due to this but our buildings are not providing us with the plans of our home which we have brought can anyone help in finding out if this would be the case.

Thanks

Magic 11/05/2021 at 12:30 pm

I've got a neighbour that keeps blocking the only footpath to my house. It looks like I have no rights under the Law. Three times they've blocked it today. Can anyone recommend a legal solution. They've been doing this for 10 years. Know one seems to care or help. I've been told by the police some cases have been going on for 15 years or more. Are we not protected by law.

Mark 08/05/2021 at 4:55 pm

Hi there, was hoping anyone could help me please.
My neighbour who is not the registered owner,is planning to have an electrical cable erected overhead from his house to his shed. This will be running above our shared access and in front of mine and other neighbours house.
he hasn’t asked anyone for permission to have the work done.
Obviously, we do not want a cable to run across in front of our homes, so how do we stop him. Are there any official guidelines out there, that would help me to quote to him before he goes a head, ie. under the......act, you are not permitted to have this done without our consent.
Please help.
Your help in this matter will be greatly appreciated.
Mark

Bubbly 23/04/2021 at 10:35 pm

Hi we have been using a forestry track along with 3 other houses for over 40 years we want to sell the property but the forestry now want a right of access fee of 20 thousand pounds is this legal

Lawless 19/04/2021 at 7:11 am

Please can you tell me is something that was that Nail isn’t but he is planning to get reinstated why is this so ....In the 1700 The first LBW took place on a particular park now this happened it’s a landmark is the historical event but yet we cannot have a cricket pitch reinstated to inspire to relive that event through Childs eyes to provide inspiration for the youth. But a public park is common land and what was could be reinstated without planning permission because it happened it really happened so why am I Council asking for planning commission for something that really happened we need to place??

Morgan 25/11/2020 at 7:31 am

Hi,
I have used a 200m driveway which is owned by a household but is shared with my stables as it is direct access. Once a week I walk down the road as a cat is not available. Last week I was told by the owners of the drive that I was not allowed to walk down the road but must use the footpath which would be 25 minutes longer, in the pitch black, when I have walked down the shared driveway (but owned by them) for 5 years with no problem and we don’t have a great deal of cars go down. Are they allowed to stop me walking down the drive?
Thank you.

Matt 15/10/2020 at 1:24 pm

Hello there I had a nasty fall on some concrete slabs in march 2018. It turns out that the land in which the steps are situated is owned privately but there a public right of way so I've been told. I tried to make a compensation claim because of how serious my injuries were and because the diabolical state that the steps are in. I've been told there's nothing can be done for my claim as it's a public right of way. So basically the landlord is allowed to leave the steps as they are knowing lots of people use them and risk an injury like I did and can just get away with it. Is this correct?
Any advice or help would be very much appreciated. TIA Matt

Warby 24/09/2020 at 5:59 pm

I live in a private cul-de-sac where I have equal shared ownership of the shared access driveway with 3 other properties. However, there is an anomaly whereby a property owner on the road behind us has access rights over it to get to and fro from a garage - he has no ownership rights at all only access rights to the garage and this is contained as a clause in all our deeds. Over the recent past he has used this as an open access to the back of his property, where there is gate, for a variety of things - can he do this? For example he built an extension to his property approx 3 years ago and all the building supplies were delivered to the back near his garage and we endured heavy delivery vehicles and endless workmen accessing his property again from the back, plus the parking of vehicles, all using our private driveway. At no time did he ask permission. Now this week more outside work is going on at his property and there have been more deliveries to the back of his property and a skip is in-situ in front of his garage adjacent to our private shared driveway, which is an eyesore and has already been emptied and replaced with another one on 2 occasions. Again, no permission has been sought from us. He also allows his 3 children to come and go via this back entrance and to ride their bikes around in our private driveway. I have had enough and just wonder what is the best way to handle this, as he is a very nasty man as we have found out in the past to our cost! Can anyone please advise us on this issue?

big magoo 27/07/2020 at 5:12 pm

hi there,i would like to know everybody stands by law,me and residents have been using a access point in our avenue to a bridle path for over 57 years,but its not the proper access route, its quarter of a mile away,the council have sign posted the access as a public footpath,now the access point we us is the old garages of the council as there derlict, now they are proposing to flatten the garages and fill the spaces with two bungalows,and fence off the access ,were do us residents stand on this,please advise thanks neil.

Nonr 24/06/2020 at 8:15 pm

I have asked our local park committee if we are able to ride our horses through our park , only on the pathways not on the greens, they would be a lot safer than going through the main streets. They replied with a definite no they gave no reason or facts to support this stance. Would you please explain to me the reasoning behind this decision as it’s in the bylaws for England and Wales that we can. The roads around here are rural and drive well above the speed limits making it dangerous, I have already been clipped by a lorry who refused to slow down while on a horse it could have killed us both.
Our local community park council ( Pontyberem) Are not replying to me and I would like to know why I pay my council taxes ?

Mandy 01/06/2020 at 1:00 pm

Can anyone help we have walked around a field and surrounding woods for 40 years and now the farmer has blocked every opening with wood covered in cow excrement and said we can't use the area. Can he do this and does the fact that we have used it without any issues for all these years count

S 11/05/2020 at 8:12 am

I have a narrow drive, to which my neighbour has the same and there is a walk way between our drives, this is a walkway for my neighbour and their neighbour. I've had my house 5 years. A long time ago the path was taken away and their drive extend ended in order for the older residents that lived in mine and their houses, to drive their caravans up the drive. However, it is now used for my neighbours visiting family, who block the walkway as they park outside the side door, leads right onto the drive. Also their neighbours park at the top of their drive, they have 2 cars, and if someone parks outside their house they park their second car on that said path, blocking any access.
There has never been an issue till recently. Myself, children and friends were on the path and their drive (3 year old on a bike, never been an issues), yet the lady was very angry later and made other tales up, kids picking flowers (not true) and she is isolating from Corona6, which is true till her family come over, Daily!!. I accepted her concerns and stated for her to tell me straight away if there is an issue in order for me to correct it, and also stated we have right to access, which she very angrily pointed out the pathway.
It's really gotten to me as our accessed is denied often due to her family visiting and using the whole space as a drive, which it isnt. I use this access everyday to take the children out (one in a pram) and take the bins out (our drive being done up) but my neighbour would have the same issue! What can I do? I would rather the path be back in place and used as access only, not a free for all for them and their family.

Sue 18/04/2020 at 5:21 pm

A new landowner of fields close to us has just blocked off and moved a very old footpath and totally destroyed an ancient stone stile with his J CB. We and lots of our neighbors have walked our dogs through these fields for over 20 years surely there is a law to stop him doing this! He has also blocked this path off with a double stranded ,barbed wire fence. He has moved this path, not for our benefit but totally for his own with no thought for the Country Code of keeping footpaths open!
Is there any way we can object?
Sue Humphreys
April 2020

mathilda 12/04/2020 at 3:56 pm

This is to Sharon Conner - we have the same problem with a bridlepath (which is actually our driveway)going right by our house of course - Countryside Alliance have rules for 'right of way' during Covid 19 and they suggest on there that people perhaps should now avoid footpaths going right by properties or through gardens/farm yards - perhaps print this out and put it on your gate. I've done this, but you still find people seem to forget we are going through a pandemic... which is unfair to us folk living by it as everyone and his dog seems to walk pass us and then we have to hide in the back garden. I wish I could get rid of it to be honest.

Sharon Conner 29/03/2020 at 9:23 am

I have a public footpath through my garden, which comes close to my house. Where do I stand as regards to people accessing it during the corona virus situation?

Aspen 29/02/2020 at 7:17 pm

We have owned a house in a small village for 28 years and the people before us for 10 years. There has always been a grassed front garden. Many years ago apparently there was a cobbled footpath in front of the property. (Underneath the said grassed area) There has been no right of way across the area for more than nearly 40 years possibly more. Because a school near us is growing the council are looking to reopen a footpath that is away from the road. Can they make us dig up the garden for this footpath which would run right below our windows and right through our front garden.

PROW 08/12/2019 at 3:32 pm

I need help as I have the police knocking my door 5 times so far because I'm walking on a footpath at night with my torch.

First of all, I just want to clear one thing up, I have two dogs both are small to medium size and are very well looked after, never ever do i let them off the lead during our walks.

I live in a small village with a main road running through it.
I was walking on the edge of an unused field 4 meters from my home as i have done for years and years but after the estate was sold to a new owner about four years ago the area, in general, has become very hostile with gamekeepers patroling the footpaths on quade bikes making them unpassable for us older folk, when i was told i could not use the field by the farmer. I know it is his land so he is in full right to say what he wants and i should not be there, So i told him i will walk the footpaths at night then as one of my dogs has seizures and to walk the main road in the day with the busy traffic would just be to dangerous in case he has a seizures, of which he replied "if you stray off the footpaths or scare any of the pheasants" i will throw you off the land. First time i ever met this chap and that's his attitude.

I now 100% only walk on the public rights of way, but i do walk them at night due to the busy main road, I use a small handheld torch to see where i am going, I am 52 years old and my eyesight is not very good but i can manage.

on one occasion while doing my 10 pm walk i was followed into the woods by 3 farmers/gamekeepers while on the footpath walking towards my home 1 mile away from the farm, I told them it was harassment and one said "you are lamping the trees" then they vanished, I shouted towards their last known location "I HOPE NONE OF YOU HOLD A FIREARMS LICENCE" Then i carried on walking home. i have been harassed 3 times so far by the same farm for walking on the Public rights of way.

This is where i need advice.
The police have knocked my door 5 times stating that the farmer is thinking about getting me charged with harassment due to my torch lighting up the trees and buildings along the footpaths.

I told the police it was the farmer harassing me following me into the woods that are not even near the farm. the woman officer said "they showed me the video and it would have scared me if i was there. i said but i didn't do anything, She said you were shouting back at them, I said ok then you would also know the direction they were videoing and that was the direction back to my home so they were harassing and following me as shown in their video, She then said i only see a little bit of the video.

The woman officer said her Sargent will have words with me and that i may have some case to answer to. she also said i need to walk the footpath with my torch beam at my feet in the lowest setting and half the beam lens covered with my hand, If i do this it will be extremely dangerous due to the paths I'm walking on are up to a foot deep in mu

maggie 14/11/2019 at 10:58 pm

I have lived for 23 years at the end of a row of four terraced houses. There are new occupants in the last house next to me. I have enjoyed free access to my right of way from a pathway which runs along the side of the terrace The new people have put a pile of large stones across the centre of the pathway prior to wanting to erect a gate to which they say I would have a code to open it. I don't think this is right as it removes free access to anyone who wants to reach the back of my house. Thank you

DKS 29/10/2019 at 6:43 pm

Hello I have an archway run underneath of our house and have to leave my neighbour 4ft of access would I be able to fence an area off as long as I leave the neighbours the 4ft of access?

G 26/03/2019 at 11:10 pm

Hello. So my issue is this, along side my house (up my drive) leads to a public footpath, people use (mainly through the summer months as it gets overgrown and extremely muddy in wetter months) as a route to fields to walk their dogs-which is fine and I accepted this when I took on the tenancy of the house (private tent) We have a cat and a dog whom I do not let outside freely as she has become protective and temperamental as she see other dogs as in ‘her territory. Natural I suppose.. she has on occasion got out and ‘attacked (a dog-one in particular on a couple of occasions) leading to strife with a neighbouring resident. Understandable.
I am considering fencing a 3ft perimeter up my drive for anyone to gain access to the footpath which means I won’t be able to use it any longer as a driveway, as I was told by said resident she is to complain to the council and she has all rights. Is my plan correct to erect a fence or do I have any rights as a tennent to save the expense.
Also this footpath is a haven for burglars escapes which have used it several times to gain access to stables (behind attached to my house) and break in to my neighbours property and we are frankly sick of it. I asked a council official if it could be closed as it is used infrequently anyway and he told me to basically forget it. Please advise. Regards

Sparky 16/02/2019 at 10:11 am

I have a public footpath running through my garden
What right do I have with people letting their dogs mess in my garden and not picking it up
Also they leave the gate open and I have had to restrict my dogs from this area to stop them getting out

And lastly the public right of runs through a ford but people to save going through the water are diverting into my land and going over my bridge ( bridge installed 5 years ago for my car to acces my land )

Can I install a style instead of gate
Can I install a gate on my bridge and force people through the ford ( even when the water is flooding)

Craftyclaws 21/08/2018 at 9:01 pm

I live in a mid terraced housing association house, and have a gate with car spaces (for residents only) and continuously have cars parked there,so if I wanted to take the bins out or hire a skip, I can't because they are blocking access to my garden. The last person to park there is a friend of my daughter's and I said he could park it there temporarily, but when I told him to move it because I need the space for skip hire, he's been ignoring me.

ProblemNeighbours Editor 23/07/2018 at 12:52 pm

If you gain planning permission to development the land, the right of way would have to remain. Occasionally a right of way can be diverted slightly but applying for a diversion is a complex and drawn out process, contact your local council to find out more about how to do this.

Dreamcatch 19/07/2018 at 9:38 pm

Hi, I've bought a land and intend to develop. However, in Land Registry Search that shows to be a public right of way over this land which is used by local walkers on regular basis. What do you advise on it and the impact on development?

ProblemNeighbours Editor 13/06/2018 at 3:21 pm

You should ask the council about this if they own the land.

benny 10/06/2018 at 8:59 am

at the front of our house there is a small grass area council owned we put planted around the edges to smarten it up. our neibour on the left's rear garden runs next to this grass area. they have an access gate on the opposite side fence. they came round the other day to paint the fence and resulted in painting our wall window sill slabs on floor and plants growing near the fence. on complaining to them they have said they are going to replace the fence and put an access gate in it. are they allowed to put a gate in even though they already have access. we are looking into buying this land ourselves was we have maintained it for some time

ProblemNeighbours Editor 04/06/2018 at 2:56 pm

The right of access will remain. You will need to seek redress via the courts if you can't agree with the owner.

Confused 03/06/2018 at 10:39 pm

We live in a row of three cottages. We are the furthest from the lane. We have the right to pass and re pass over the neighbours land for all purposes. When the neighbour was purchasing the property they cane to us and stated that the right of way was not used as it should be on the title plan. They were given £500 by the previous owners the rectify this. They then asked us if the r.o.w could be officially moved to the prescriptive right of way that we can prove has been used for over 20 years. Then 1 year later they change their minds and say we have only walking access as shown in the original docs and now block our access 24-7. Now they have changed their minds again and say we have no access. The reason the original access was moved to the prescriptive access as their house had an extension built in 1978 that blocked the original r.o.w.
Our house was extended quite sometime after theirs and after the r.o.w was changed but not officially.
Where do I stand?

ProblemNeighbours Editor 21/05/2018 at 12:35 pm

Talk to your planning officer - they might give you some advice on this. Also your council will have a "rights of way" officer who should be able to look into the history of the path etc.

Julesandal 19/05/2018 at 11:17 pm

Hi. Thanks for the response. They had planning permission to build the stables and tack room to rehouse their own horses. Ive struggled to find anything about running a business i.e. the riding school from there. They also have another business that they run which does day trips to the farm. Again seems impossible to find out if they should have or do have permission. The traffic has recently caused one of my neighbours walls to fall down as the weight and size of traffic is too much for the lane. Any advice appreciated. Thanks

ProblemNeighbours Editor 16/05/2018 at 11:07 am

Did the neighours get planning permission for the riding school? If so access would have been looked at, so talk to your planning officer and see what was considered. As for the easement by prescription, it might be worth talking to a solicitor to see whether/how vehicle use affects it etc.

Julesandal 14/05/2018 at 6:03 pm

I live in a property built in the 1700s and there is a further farm property down my lane. The farm has no land that it needs to use my land to access, but they would be land locked to the main road if they couldnt get through. Nothing on deeds, so i assume they have a easement by presciption down the foothpath (wide enough for a vehicle) through my yard. In the last few months they have opened a riding school and have started walking their animals and clients down the lane as a liitle tour. At the end of my land is a bridleway. Are they allowed to go over my land (where animals have not crossed for the last 20 year)? What I am also concerned about is that if they continue to do so for 20 years does that mean the footpath through my land can be upgraded to a bridleway? thanks

ProblemNeighbours Editor 14/05/2018 at 2:06 pm

If this is public land talk to you local council's parks and recreation department and tell them you can't access the land.

Covsh 14/05/2018 at 9:48 am

Small field at rear of properties, access has been blocked by householders who land back onto the land. This land is public land and comes under park and recreation. How do residents of the area stand regarding accessing this land? It is an ideal place for a community area yet the community don’t have access.

ProblemNeighbours Editor 11/05/2018 at 3:40 pm

Even though it's a public footpath/right of way that doesn't mean the land ownher will permit tree climbing. The farmer may in fact be the owner of the land on the footpath. Try and find out who owns the land and ask their permission.

Lee 10/05/2018 at 2:36 pm

Near my house there is a public footpath with trees growing at the side. Next to the footpath there is a farmers field but there is a fence between the footpath and the field. Am I allowed to climb these trees, as long as I climb the ones growing on the footpath side of the fence?

Taylor 13/03/2018 at 9:24 pm

Can a neighbour from another street use our street for acess to all the jobs on his house

ProblemNeighbours Editor 29/01/2018 at 12:39 pm

Check with your local (county) council. There will usually be a Right of Way officer, possibly linked to the highways department. Write and inform them about this action, the officer should be able to do take the necessary action.

Mand 26/01/2018 at 10:19 pm

Please could you help advise on a situation regarding my rear neighbors. We have recently built a bungalow. Opposite our bungalow is a road approx 4 meters to allow access to our bungalow and another two existing bungalows. Right opposite on the other side of this road is an older dwelling that has a right of way footpath running alongside there building. We use this path way to walk our dogs from time to time. We arrived home from work the other day to find that they have blocked off the pathway with a six foot gate to match in with their six foot fencing and even put the number of their house on the gate ???? This public footpath runs all the way through a housing estate. Am I right in thinking that this is lawful? Do they have the right to do that? A small garden wall ran alongside their garden and the public footpath. They have subsequently knocked this wall down! Creating the illusion of their garden come strip of footpath. Hope this makes sense? Your view to this would be very much appreciated. Regards

Tony 18/12/2017 at 3:59 pm

Hi, although there is nothing on my deeds (just the standard 'any rights of way') but no easements or covenents, it would seem that my neighbours have a right of access to go across my garden to take their bins out and this has been going on for a few years. There is an alleyway on my property and owned by me but also another alleyway on their side (semi detatched, but this is owned by the property next to theirs and blocked by a 4ft wall. I was told before buying that a gateway was to be put in that wall. I have 2 gates on my alleyway which were originally kept unlocked but on advice of the police, I had simple bolts fitted to protect my property and which I unbolt on bin day. There is a gate separating the garden (owned by me, which they have a bolt on their side) Their property is now rented out and will be on the 2nd set of tenants in the new year, the gateway has never been created and their current tenants have been a complete nightmare, staring into my property, taking bins out early hours and waking my household etc.They make me feel violated and unsafe in my own home and garden. The owners have now written to me stating their intention to remove the bolts off my gates and replace with their own locks, to which I and any of their tenants will have a key. The issue I have is that I have my very young grandchildren here most weekends, I need to know who is accessing my garden and when and keep my family safe. I also believe that if they remove my bolts and replace with theirs, without my permission, is this is criminal damage?

ProblemNeighbours Editor 05/05/2017 at 10:41 am

Could you ask your council if you can put up a fence across the end to make a closed off path for people to walk through in order to access their back gates etc?

Jo 04/05/2017 at 12:14 pm

I have just moved into a council house, since moving in I have found there is a public footpath through my garden, everyone has a back gate so no need to use my garden, I've just had a dispute with a window cleaner walking through, I find this so dangerous, I now can't let my kid play out side or let my dog out on his own, what can I do I'm so worried

ProblemNeighbours Editor 26/10/2016 at 2:22 pm

If you're home owners your title deeds should give you this information. If it's part of a shared development there's also a chance that there is a management company that looks after the maintenance of the communal areas. If so, they may have some information. If you are renting your property, your landlord should be able to tell you what your access rights are.

Wert 25/10/2016 at 10:54 am

We live in shared courtyard. We have used a 15ft walkway past our neighbors house for 14 years without issue. It is the only way to get a pram or wheelchair down from the house as we have Streep steps. Our son is visually impaired and finds steps difficult too. Our new neighbors have owned property for several years but have rented it out. They have just moved back and have forcefully blocked access to our son. The courtyard is shared and the walkways are designated to the building but I don't know how to find out if we have access over them. Are you able to advice. Many thanks

MilkyBarKid 16/09/2016 at 1:45 pm

I live in small village and in a square bit where you can't take your car aright to your house as there's no road just a path and I ride a motorbike so when no risk of me hitting anyone I ride up the drop curb about 10meters or so on to my (roughly 5mph) garden sometime on the the path I share with my neighbours and then some times cut the engine off and road threw the alleyway to my back garden.... next door is now complains that I do this to the council and to the police and recorded me doing so..... can I get done for this or am I allowed to do so to get access and store it in locked back garden also if I'm going out early or late I always push my bike and start it on road just to try not disturb the neighbours as on the other side is family's with kids.

ProblemNeighbours Editor 13/09/2016 at 2:33 pm

If the council stated that a pedestrian way was to be maintained in perpetuity surely that means that a right of way is already there?

Rayjack 12/09/2016 at 8:35 am

I live in an urban development of 22 houses. When planning permission was granted to the developers about 28 years ago the council stated that a pedestrian way was to be maintained through the development in perpetuity. We have electrically operated vehicular and pedestrian gates. The pedestrian gates are locked every night from 6pm to 8am with the council's agreement. Is there any danger that a right of way could be claimed by prescription?

Moush 27/08/2016 at 5:49 pm

I live in a terraced block of flats with a rear courtyard that i keep my motorbike in. Outside the courtyard gate is a public alleyway not wide enough for a car but i can easily ride motorbike past the large industrial bins down there. At the end of the alley the property owner leaves their car parked on the road blocking access for me to get from the road into the alleyway. Please could someone tell me if this person is allowed to block access to the alley? And am I allowed to ride my motorbike to my rear courtyard?

ProblemNeighbours Editor 04/08/2016 at 10:35 am

This is probably fine as long as you do not leave the bike/pram/wheelchair in the access way.

John M 03/08/2016 at 12:30 am

I live in a property with a granted right of way through my neighbour's garden to my back door. It is described as an "Access Way" and a right to "pass and repass" on "foot only". In addition to this there is a covenant in place preventing anyone from obstructing the Access Way. Am I allowed to push my bicycle along the Access Way, and for that matter a pram or a wheelchair should the need arise?

ProblemNeighbours Editor 16/05/2016 at 2:11 pm

We're not 100% - was it used for access? Or simply for roaming/pleasure? If it was used for access for more than 20 years without the legal owner objecting, the long useage creates a legal right of way. Maybe check it with a legal professional specialising in property/land.

Bargaincatcher 13/05/2016 at 2:04 pm

We have a small area of woodland at the rear of our property along with other owners. Some of the woodland has just be sold ( you can't do anything with the woods as it's pretty rubbish and not worth developing on because of the hilly nature.
We have walked this area for over 20 years as the previous owner had no issues. He has since died and someone has bought half of it.
What are our rights? Can we still walk along the paths made over the many years of being walked by us and other people?

littlelisaj 07/03/2016 at 11:07 pm

Hi. We've just bought a house with a short narrow path running alongside it leading to a small patch of scrub land. Path is approx 4 foot wide and 30 foot long. The path is overgrown with brambles and trees through the middle of it - it's clear the path hasn't been used for years. The previous owner advised that about 15 years ago the local council /police/ homewatch agreed to let the path overgrow and become unusable due to the amount of anti social behaviour (mini motor bikes/dog fouling /fly tipping etc ) There has been a new path created about 100 yards away which is maintained and well lit. The path is completely impassable and causing our fence to be ripped down due to the brambles and tree roots. We would like to go about purchasing this piece of unused land if we could ... could you please offer any advice? Many thanks.

ProblemNeighbours Editor 07/03/2016 at 10:32 am

You should really seek the advice of a solicitor here as there look to be a lot of different factors involved. However, if a path or road has been used as a right of way by the public for over 40 years is likely that it will remain so under the easement by prescription ruling.

Jojo 04/03/2016 at 3:15 am

We have a track neighbouring our property in conveyance of properties on both sides of the track in 1909 it was deemed a public roadway and both properties were bounded by a public roadway this led to a windmill that had been used for over 30 years by the public, in 1925 the owner of both properties on either side conveyed the 'public roadway in so far as is legal ' to one of the properties as the windmill not in his ownership had become disused, was this ever legal? Even though now it is a shared driveway to 2 properties can it have been conveyed at any point it was easily in the public use age for over 40 years, does that make it absolute? And would that be able to be corrected now? I own the property to the north and a 3rd party has claimed and registered the right hand side via dubious conveyances but can it be a public road and was the 1925 conveyance in fact legal. I have 3 rights of way over up and down and to draw water but the registered owner want to claim the boundary and put an injunction preventing me going in his land in effect creating a ransome strip, would I still have right of way? Thank you

Brenda Gillam 12/11/2015 at 7:15 pm

We put double gates at the side of our house next to the gates is a brick up arch which used to be access to the field whlch is at the bittom of our garden ut the council are saying the gates are theres and we only have there permisision to use the gates if they say this totaly untrue we built the gates 18 years ago and before we did there was a wooden gate there trying to move boundary lines be cause the original entrance is smaller than our gateway there trying to claim our side garden we are coucil tenants wat wrights do we have

intimidated 15/08/2015 at 1:35 pm

Can my neighbours claim a prescriptive right of access onto our driveway as they say they have come on it to trim their hedge 2-3 times a year for 20 years? Unfortunately it is on our deeds as a purchased right of access since 1948 - the true owner has never been found and it has never been used for access by any other property.
They say they now intend to put a gate in the hedge and use the drive and new gate to allow them easier access to their property.
Your advice much appreciated

peachy 14/08/2015 at 6:49 pm

We live in a block of 18 properties, 9 are housing association and 9 are leashold/owned. On our deeds we have "full right and liberty" for purposes only of "access to and egress from" the flat as are coloured blue on our Plans. This is shown to be the full length of the rear of the building, and 3 communal entrances to the building. The problem we have is with another leasehold/owner who has a locked gate preventing access to a fire exit gate which he also keeps locked. He maintains that according to his lease this right of way does not exists across the rear of his flat ( our flats are ground floor ). He has now put his property on the market but we would like some advice and clarification before any sale. We are not in the position to pay for solicitors advice or indeed having a solicitor send him a letter. Any help would be gratefully received. Many thanks

ProblemNeighbours Editor 17/07/2015 at 12:46 pm

@Petephillips. Unfortunately the only way to resolve this would be to delve into the history of the property. The fact that you have been paying higher rents (and the previous tenant did too), might suggest that you have gained access via long usage but you will need to seek legal advice.

peter phillips 14/07/2015 at 1:22 am

at the rear of my property is a garage hardstanding which was used by previous tenants to garage a car , the access to this is by a track behind houses my side of the road and those on the houses to the rear of this. Recently one of the neighbours at the rear has complained that there is no access allowed for my property to use the garage hardstanding, the actual garage was taken down and relocated by a previous tenant moving out. The local council owns my property and have no records of right of access even though a previous tenant was being charged an extra £6.per week for rent for this, I believe the council put the hardstanding in. My rent is still £6 per week higher than my neighbour of a exact house.The actual track is listed as an service road for those on the rear houses and most houses on my side of the other road. There is no signpost that states a private rd or any signpost at all. My neighbour has lived in his property (council) for over 60 years and can remember the lane being used by all houses. can anyone help as the council keeps getting complaints from one lady at the rear about my even walking out on this lane,

ProblemNeighbours Editor 17/07/2015 at 12:38 pm

@lexyloos. Is the land a path that has been classified at all? If it's public footpath, a bridleway or restricted byway a motorbike will not be allowed by law. It is also against the law to ride or drive on any land, moorland, forest, commons, country parks, waste ground.etc unless you have the express permission of the landholder.

Lexyloos 13/07/2015 at 10:37 pm

We are being driven made by off road motorcycles speeding past our house. We live on a riverbank/canal bank. The land between us and the waters edge is owned by the Canals & Rivers Trust. I have read that a landowner has a legal obligation to take reasonable steps to prevent access onto their land by such vehicles. Despite 5 years of complaining to the Police and the Trust, the Trust have failed to do anything at all. Usually by the time the Police turn up the motorbikes have gone but, they have recorded our telephone calls and can clearly hear the offending motorbikes to the degree that the conversation has had to stop until the bikes have gone by so that we can speak again and hear the other person speaking. We have exhausted all possible negotiations with the Trust and now need to quote legal obligations to them but I am unable to find the relevant legislation. Can you please help me quote the necessary laws/legislation in the hope that they will make some effort to alleviate the problems.

ProblemNeighbours Editor 12/05/2015 at 2:09 pm

@Dee. You're going to have to approach him at some point of you need access. Check you deeds for details of the access and if necessary take a copy to show the neighbour. If that doesn't work, then unfortunately you may have to get a solicitor's letter. Incidentally you have a right of access to neighbouring property to carry out essential repairs under the Access to Neighbouring Land Act.

Dee 07/05/2015 at 7:49 am

We have a private access alleyway to the rear of our property for three properties, however our neighbour has put a locked gate there and uses it for his building storage.We need access to our guttering, what can we do??? he is an unapproachable man.

ProblemNeighbours Editor 06/05/2015 at 2:02 pm

@Gary. No they're no obliged to do more than they've offered.

Gary 29/04/2015 at 5:50 pm

We have a public footpath at the bottom of our garden and have asked our council (as the house is council owned) to erect a fence to stop the various walkers from looking straight in our kitchen window. Are they obliged to erect fencing to give us some privacy? All they have said is they'll refit 3ft high wire fence "which will not require upkeep"

ProblemNeighbours Editor 01/04/2015 at 11:36 am

@Sofedup. The police should at least have been interested in the criminal damage that's taken place. Have you spoken to your rights-of-way officer regarding the path? Public paths have to be kept accessible but are for passing through...not stopping on.

Sofedup 29/03/2015 at 2:50 pm

We have a public path running through our yard between the stables and in front of our house. Nobody uses us as it was a field access until the farmers swapped fields. However our neighbours have launched a 3 year period of persecution against us after we objected to their planning application for a yurt campsite directly in front of us.
We have been assaulted, had fireworks parties that have injured our horses, threats, intimidation, assaults, trolling and now they are using the footpath to video us and our property with an ipad and mobile phone. One stands at the gate and the other wanders up and down the yard videoing us and our property. Last time they claimed we had stolen their bin bags and were looking for them...it was bin day and I think the bin men were the real culprits! They are then using the images to create libellous YouTube videos.
We have CCTV footage but the Police say they can not do anything but they seem to have very little knowledge of what responsibly using a footpath entails.
Can you suggest what we can do...we are up the wall!

ProblemNeighbours Editor 01/04/2015 at 10:13 am

@LU. Have you shown your title documentation to the council? What kind of rubbish is it? If it's a potential health hazard or may attract vermin then the Environmental Health Dept may be able to help. If it's a public way - rather than a private access, the rights-of-way officer at your council could also act. Other than that, legal action may be the solution. Many solicitors offer the first half consulation free of charge.

Lu 28/03/2015 at 7:35 pm

Hello, my neighbour keeps a load of rubbish on the public way that runs across our back gardens. This pathway is 2.5 metres wide and apparently it was used in the past by the council to deliver coal to residents. The pathway starts on the left of my property and at one point goes left and right down the whole block of properties, dividing the gardens in two halves. My neighbour has already blocked the pathway that runs through his property with a caravan (to which he removed its wheels so he can claim that it impossible to move it), and he is using the piece of public way that runs through my garden to deposit scrap metal and other rubbish that he collects. The first bit of garden is fenced out, however the second part is unfenced on either side. On the ground there are broken pieces of bathroom ceramics, nails and broken glass, and, I can only access the rest of my property by climbing on the rubbish.
I asked him if the rubbish could be removed, and my neighbour decided that the best course of action is to threaten me and to use abusive language towards me. I reported it to the council about 3 months ago, and since, they visited him twice but nothing has changed, the rubbish is still there. The council told me that they have to examine the ownership of the land before they can enforce anything on my neighbour. I have a title absolute on my property and in the title there are a few lines that mention this pathway. It is mentioned that I have a public right of way for that piece of land, and that I have to provide fencing for it.
We moved in one year ago, and we thought that it will be our dream home. It is sad and disappointing that we have to deal with such a difficult character. Could you please advise on this matter? What should I do next? Many Thanks.

ProblemNeighbours Editor 30/01/2015 at 1:03 pm

@Sher. If your deeds say you have a right of access then that cannot be easily overturned without a court order. Visit your local citizen's advice bureau to see if they can help point you in the direction of some specialist legal advice (often the first consultation is free of charge).

sher 28/01/2015 at 11:55 pm

I buy my propetry 10 years on my deeds it have access to dwelling house no 38 the previous owner of my house was english he lives their for 30 years didnt have a problem with right away he access it when he need to .as for me and my family we were told by the council not to access such right away after using it for 9 years . I am not english but british citizen . The council denied both my family and i the right to access the foot part although it is written on my deeds. But give his tennant the right to access also errect a gate and a fence which is 6.2 foot between both houses is this

ProblemNeighbours Editor 03/12/2014 at 12:06 pm

@joanna. Any obstructions to rights of way can be reported to your county council - they will usually follow this up with the landowner.

joanna 30/11/2014 at 1:31 pm

I know of a yard that has a muck hill that's not rotting down and is contaminating the stream or fields down by the footpaths that run along the woods. The footpath is also totally overgrown and walkers struggle along there especially in the summer as it's never looked after. The fencing for the horses is all broken and they are forever getting out into the fields where the foot path is.. I've photos of the muck hill as I'm. Sure it is illegal as it's never been taken away in 13 years.

Ask Problem Neighbours a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.