Buying a House With a Public Footpath

Buying a house with a public footpath or right of way can raise concerns for many homebuyers. While these paths offer public access for walking, cycling, or even vehicle use in some cases, they can also impact privacy, security, mortgage eligibility, and resale value.

If you’re considering purchasing a home with a public right of way, it’s essential to understand the legal implications, potential restrictions, and how lenders view such properties. Some mortgage providers may require a larger deposit, while others may be hesitant to lend at all.

To help you navigate these challenges, we’ve put together this comprehensive guide covering everything you need to know about purchasing a property with a right of way – including its impact on mortgages, property value, and what legal rights you have as a homeowner.

What is a right of way?

There are many things you’ll need to know when buying a house that’s crossed by a public right of way, but we’ll start with the basics – what is a public right of way?

A right of way is a path that anyone has the legal right to use on foot, and sometimes using other modes of transport.

By law, members of the public have a right to “pass and repass along the way” of a public footpath or other right of way. They may also spend time in the area, provided they stay on the path without causing any obstruction.

Pushchairs, wheelchairs and mobility scooters are also permitted on public rights of way, as are dogs, provided they are under close control.

Types of public rights of way

Before buying a property with a public footpath, it’s important to understand the different types of public rights of way that could cross or border the land. The level of public access varies depending on the designation of the path.

• Public Footpaths: Only for pedestrians, including walkers, pushchairs, wheelchairs, and dogs (if kept under control)
• Bridleways: Used by pedestrians, cyclists, and horse riders, but motor vehicles are not permitted
• Restricted Byways: Open to pedestrians, cyclists, horse riders, and non-motorised vehicles (e.g., horse-drawn carriages)
• Byways Open to All Traffic (BOATs): Allow motor vehicles but are primarily used by pedestrians and non-motorised transport

How to find out if a property has a public right of way

Many buyers only realise a house has a public footpath after making an offer, so it’s essential to check beforehand. Here’s how you can confirm whether a property is affected:

Ways to check for a public right of way

• The definitive map & statement: Every local council holds an official Definitive Map showing all legally registered public rights of way in the area
• Land registry title deeds: Rights of way are often recorded in the property title or deeds. Check the Land Registry before proceeding
• Local authority search: As part of the conveyancing process, a solicitor can conduct a local authority search to reveal public access routes on or near the property
• On-site inspection: Walk the property boundaries and look for signposts, gates, or worn footpaths that indicate public use

If a public footpath or bridleway crosses the property, it’s crucial to understand your rights and responsibilities as the landowner before committing to the purchase.

Legal rights & options for managing a public right of way

If a public footpath runs through your property, you cannot legally block access, but you may have options for modifying or managing its impact.

Can you move a public right of way?

Yes, but it requires applying for a Public Path Order from the local council. You will need to prove that rerouting the path is in the public interest and that alternative access is provided. Approval can take months and is not always granted.

Can you close or remove a right of way?

It is very difficult to remove a public right of way permanently. A Stopping Up Order may be granted in rare cases if the path is no longer needed or heavily unused, but local councils and walking groups often oppose such applications.

Can you add fencing or signage?

Yes, homeowners can install fences, hedges, or signs as long as they:

• Do not obstruct public access
• Clearly indicate the boundary between private land and the right of way
• Use official signage (e.g., “Public Footpath” markers) to prevent confusion

Understanding these legal aspects is crucial before buying a home with a public right of way, as making unauthorised changes can result in legal disputes and enforcement action.

Implications when buying a house with a public right of way

Now that we’ve covered the definition of a public right of way, it’s time to outline its implications on your mortgage application if one crosses your property…

Deposit requirements for a public right of way property

As discussed, properties with public footpaths can be regarded with concern by potential buyers, making them higher-risk investments to lenders. Therefore, you may be required to put forward a larger deposit than you would first imagine to instil confidence in your lender.

Under normal circumstances, most residential providers offer up to 85% loan-to-value (LTV), whereas others will extend to 90%. A handful will accept 95% LTV. With this property, you may find fewer willing lenders, especially at higher LTVs, which may impact the rates you’re offered.

Your other circumstances will also dictate retrospectively how much deposit you will need to put down. Generally speaking, if you can exceed this sum, you will likely be subject to better rates and a wider variety of lenders.

Contact us if you have queries about how much a deposit will be required if you’re considering buying a house with a public footpath.

How a public right of way can affect property value

As a general rule of thumb, the more inconvenience a public right of way causes, the more it will affect a property’s value. Some of the most damaging ones could reduce the market value by as much as 25%.

On the plus side, this could benefit prospective buyers as it means they can get “better value for money” when purchasing a home. However, it’s important to consider the other side of the coin…

Reselling a home with a public right of way

If you decide to sell your property later, it stands to reason that you may not be able to resell for as much as you might hope. It may also take longer to sell, as a public right of way could put potential buyers off.

Depending on how damaging the right of way has been to the surrounding area throughout the period, and whether or not the amount of disruption caused has increased over time, you could end up selling the property for less than you paid for it.

Other risks associated with buying a house with a public right of way

There are other implications to consider before deciding to buy a house with a public footpath or right of way. Depending on the location, the type of right of way and other variables, these factors may significantly affect your privacy and day-to-day life.

Limitations and responsibilities

Anyone who owns land crossed by a public right of way is limited in what they can use the surrounding land for and has other associated responsibilities.

For one, it is illegal to prevent the public from using a right of way, and owners are required to keep it free from obstruction. They are also prohibited from putting up misleading signs that might discourage public access.

What’s more, you are forbidden to put anything that can be classified as a hazard in a field crossed by a public right of way. This includes but is not limited to the animals that may be kept in a field that has a public footpath running through it.

Planning permission could be more difficult to obtain if you’re planning to increase the size of your property through an extension or conservatory, for example.

Trespassing

Prospective buyers of a property with a public footpath running through it should be open to the possibility that they may encounter trespassers on their land – whether it be intentional or not.

Trespass is deemed a civil offence. A landowner may use “reasonable force” to make a trespasser leave their property, but no more than is warranted. It is unlikely that criminal prosecution will arise unless a trespasser causes damage.

If it’s hard to distinguish between a public footpath and the owned land, homeowners are within their rights to fence off the area and put up signs to notify the public, provided no obstruction is caused to the right of way.

Noise nuisance

Before getting a mortgage on a property with a public footpath, potential buyers must also consider noise pollution, particularly in more urban areas or if, for example, the property is near a school.

As people are legally permitted to spend recreational time on a public right of way, there is a chance that groups may congregate in the area and cause unwanted noise near your property.

Ultimately, whether or not you decide to buy a house with a public footpath comes down to individual sensitivities. If you feel it will cause you distress or impact your peace of mind in any way, it may be best to dismiss it.

Talk to a mortgage expert today

It is recommended that you seek professional advice from a mortgage broker before getting a mortgage on a property with a public footpath.

Finding a mortgage for a property with a public footpath often requires specialist knowledge. Our broker-matching service connects you with a specialist who can help you secure the best possible deal. Call 0330 818 7026 or enquire online for a no-obligation consultation today.