Public rights of way are often unwanted add-ons to landed estates, and can raise many concerns with potential buyers.\n\nSome customers approach us to find out what the risks and implications are when taking out a mortgage on a property that is crossed by a public footpath or other right of way, so we\u2019ve put together this handy guide addressing all of the questions we hear\n\nThis article will be covering:\n<ul>\n \t<li><a href="#right-of-way-law">Right of way law<\/a><\/li>\n \t<li><a href="#implications-for-buyers">Implications for buyers<\/a>\n<ul>\n \t<li><a href="#deposit-requirements">Deposit<\/a><\/li>\n \t<li><a href="#property-value-row">Property value<\/a><\/li>\n \t<li><a href="#reselling-row">Reselling<\/a><\/li>\n<\/ul>\n<\/li>\n \t<li><a href="#other-risks-public-footpath">Other risks when buying a house with a public footpath<\/a>\n<ul>\n \t<li><a href="#limitations-responsibilites">Limitations and responsibilities<\/a><\/li>\n \t<li><a href="#trespassing-row">Trespassing<\/a><\/li>\n \t<li><a href="#noise-nuisance-row">Noise nuisance<\/a><\/li>\n<\/ul>\n<\/li>\n \t<li><a href="#speak-to-expert-row">Speak to a mortgage expert about public footpaths<\/a><\/li>\n<\/ul>\n[feefo-banner]\n<h2 id="right-of-way-law">What is a right of way?<\/h2>\nThere are many things you\u2019ll need to know when buying a house that\u2019s crossed by a public right of way, but we\u2019ll start with the basics - what is a public right of way?\n\nAs defined by <a href="https:\/\/www.ramblers.org.uk\/advice\/rights-of-way-law-in-england-and-wales\/basics-of-rights-of-way-law.aspx" target="_blank" rel="noopener noreferrer">Ramblers.org<\/a>, a right of way is <em>\u201ca path that anyone has the legal right to use on foot, and sometimes using other modes of transport.\u201d<\/em>\n\nBy law, members of the public have a right to \u201cpass and repass along the way\u201d 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.\n\nPushchairs, wheelchairs and mobility scooters are also permitted on public rights of way, as are dogs provided they are under close control.\n<h2 id="implications-for-buyers">Implications when buying a house with a public right of way<\/h2>\nNow that we\u2019ve covered the definition of a public right of way, it\u2019s time to outline the implications it will have on your mortgage application if there\u2019s one crossing your property...\n<h3 id="deposit-requirements">Deposit requirements for a public right of way property<\/h3>\nAs discussed, properties with public footpaths can be regarded with concern by potential buyers, therefore making them higher risk investments to lenders. You may therefore be required to put forward a larger deposit so than you would first imagine, so as to instill confidence in your lender.\n\nUnder normal circumstances, the majority of residential providers offer up to 85% loan to value (LTV), whereas others will extend to 90%. A handful will accept 95% LTV. With this sort of property you may find fewer willing lenders, especially at higher LTVs, which may impact the rates you\u2019re offered.\n\nYour other circumstances will also dictate retrospectively how much deposit you will need to put down. Generally speaking, if you can exceed this sum you are likely to be subject to better rates and a wider variety of lenders.\n\n<a href="https:\/\/enquiries.onlinemortgageadvisor.co.uk\/property-types-advice\/" target="_blank" rel="noopener noreferrer">Contact us<\/a> if you have queries surrounding how much deposit will be required if you\u2019re consider buying a house with a public footpath.\n<h3 id="property-value-row">How a public right of way can affect property value<\/h3>\nAs a general rule of thumb, the more inconvenience a public right of way causes, the more it will affect a property\u2019s value. Some of the most damaging ones could reduce the market value by as much as 25%.\n\nOn the plus side, this could be a benefit to prospective buyers as it means they can get \u201cbetter value for money\u201d when purchasing a home. However, it\u2019s important to consider the other side of the coin...\n<h3 id="reselling-row">Reselling a home with a public right of way<\/h3>\nIf you decide to sell your property later down the line, 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 potential buyers could be put off by a public right of way.\n\nDepending on how damaging the right of way has been on the surrounding area throughout the period, and whether or not the amount of disruption caused has increased over time, there could be a risk that you\u2019ll end up selling the property for less than you paid for it.\n<h2 id="other-risks-public-footpath">Other risks associated when buying a house with a public right of way<\/h2>\nThere are of course 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 have a great bearing on your privacy and day-to-day life.\n<h3 id="limitations-responsibilites">Limitations and responsibilities<\/h3>\nAnyone who owns land that is crossed by a public right of way faces limitations as to what they can use the surrounding land for, and has other associated responsibilities.\n\nFor one, it is illegal to prevent the public 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 access from the public.\n\nWhat\u2019s 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, which animals may be kept in a field which has a public footpath running through it.\n\nIf you\u2019re planning to increase the size of property by way of an extension or conservatory for example, it could be more difficult to obtain planning permission.\n<h3 id="trespassing-row">Trespassing<\/h3>\nProspective 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.\n\nTrespass is deemed a civil offence. A landowner may use \u201creasonable force\u201d 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.\n\nIf it\u2019s 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.\n<h3 id="noise-nuisance-row">Noise nuisance<\/h3>\nBefore getting a mortgage on a property with a public footpath, potential buyers must also consider the fact that noise pollution could be an issue, particularly in more urban areas or if, for example, near a school.\n\nAs 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.\n\nUltimately, whether or not you decide to buy a house with a public footpath comes down to individual sensitivities. If you feel as though it will cause you distress or impact your peace of mind in any way, it may be best to dismiss it.\n<h2>Why you should speak to a whole of market mortgage broker<\/h2>\nWe\u2019ve helped over [customers_helped] people find the right mortgage, even those who may have been declined a mortgage or had bad credit history.\n\nIn fact, our customers consistently rate us 5 stars on Feefo, mainly due to our high levels of service, but also because we offer offers a 5-star service with access to expert brokers who are:\n<ul>\n \t<li>Whole of market.<\/li>\n \t<li>Have a working relationship with all lenders, not just a select few.<\/li>\n \t<li>Already know the lenders to go to for properties with a public right of way as they successfully arrange these already.<\/li>\n \t<li>OMA Accredited advisors.<\/li>\n \t<li>Have completed a 12 module LIBF accredited training course.<\/li>\n<\/ul>\n<h2 id="speak-to-expert-row">Talk to a mortgage expert today<\/h2>\nIf you like what you\u2019re reading or require more information, call Online Mortgage Advisor on 0808 189 2301 or make an enquiry <a href="https:\/\/enquiries.onlinemortgageadvisor.co.uk\/property-types-advice\/">here<\/a>.\n\nThen sit back and let us do all the hard work in finding the broker with the right expertise for your circumstances. We don\u2019t charge a fee, and there\u2019s no obligation or marks on your credit rating.