Should you Buy a Property with a Footpath Running Though it?

While many people live quite happily with public footpaths on or near their properties, in some circumstances such paths can lead to problems. While footpaths are the commonest public rights of way, there are also bridle-ways for horse riders (and pedestrians and cyclists), byways or BOATs (byways open to all traffic) and the, by now, near obsolete RUP’s (roads used as public paths).

All these rights of way are governed by common law and are descended from drive ways, drove ways and ways used by horse-drawn carriages. The 1949 National Parks and Access to the Countryside Act defined RUPs originally. Section 54 of the Wildlife and Countryside Act 1981 has since required county councils to redefine all RUPs as footpaths, bridleways or byways. In the past couple of years there has also been an increasing number of proposals to reactivate historic rights of way.

Using an ancient legal principle of "once a highway always a highway", people are proving that where a route was used 200 or 300 years ago, it should be now reopened again. In an ideal world prospective purchasers might prefer to avoid buying a property with any public rights of way across it. However, it is virtually impossible to find any property with more than 20 acres of land without a footpath on it.

The important thing to consider is where the path runs. If it is tucked away across a nearby field, then is should not be a problem. If it runs down the front drive or across the front of the house, then that is a different matter. Finding out whether a property has any public rights of way on it is relatively straightforward. A solicitor’s legal search should reveal any paths.

Diverting the course of an offending footpath is much trickier. The diversion must be of benefit to the landowner, it must also benefit the public, the new route should not be substantially less convenient and there should be no significant reduction in the amenity value of the footpath. Members of the Ramblers’ Association are quick to oppose any footpath diversions, which they perceive to be unnecessary. Diverting a footpath can take as long as nine months to a year to complete, with costs possibly in excess of £5,000 depending on the opposition.

Under existing laws, farmers, landowners and highway authorities such as district councils, share the responsibility for keeping paths open and free from obstacles. Hazards must be cordoned off and stiles and fences maintained. All of which may mean that a relaxing home in the countryside may not turn out to be quite so relaxing after all. aware of the quite remarkable impact both on finances and in the long term. As always it is better to be prepared

Last revised: Wed, Aug 2, 2006