Right of way disputes can destroy a property sale overnight.
I learned this the hard way in 2018. My client’s completion fell through when neighbours blocked their ancient footpath access.
That failure taught me everything.
Since then, I’ve successfully sold more properties with right of way complications. The key is understanding buyer psychology, not just legal technicalities.
Most sellers approach this backwards. They hide the problem until the exchange.
Smart sellers do the opposite.
In this guide, I’ll show you our front-loaded disclosure strategy. You’ll learn which documentation strengthens your position and how to find specialist buyers.
The surprising truth? Some investors actively seek these properties.
By the end, you’ll know exactly how to turn your right of way headache into a competitive advantage.
Understanding Right of Way Issues in Property Sales
Right of way means you can legally cross someone else’s land to reach your house.
I’ve helped many sellers whose houses can only be reached through neighbours’ gardens or shared drives. These legal rights let you use paths, driveways, or roads that other people own. But they can cause big problems when selling.
Public rights of way belong to everyone, like footpaths and roads. Private rights of way only belong to certain people.
Easements are legal agreements that give you access rights forever. These rights stay with the house when you sell it. New owners get the same access rights you had.
Right of way problems often happen when neighbours disagree about using shared areas. Gates get locked or paths get blocked. Some people try to stop others from using rights they’ve had for years.
These issues can cut thousands off your house value.
Buyers worry about future disputes with neighbours. Mortgage companies often refuse loans for houses with access problems. I always tell sellers to be honest about any issues from the start.
Consider selling to specialists who buy houses with access problems if traditional sales prove difficult.
Common Types of Right of Way Problems
Right of way problems cause stress and stop property sales. These legal rights let people cross other people’s land.
When rights get disputed, nobody can use the paths safely.
Disputed Access Routes
Neighbours often argue about who can use shared paths.
Some people think they own paths that cross their land. Others believe they have the right to walk anywhere they’ve used before. New property owners sometimes try to block old routes.
These fights can last for years. Selling land with boundary disputes often includes right of way problems.
Check the Land Registry records before buying property.
Blocked Traditional Pathways
People sometimes block paths that others have used for decades.
New fences might cut across old walking routes. Locked gates can stop people from reaching their homes. Building work often blocks paths temporarily, but stays permanent.
Traditional rights don’t disappear just because someone blocks them. You can fight illegal blocking through the courts.
Keep records of how long you’ve used any path.
Maintenance Disputes
Nobody wants to pay for fixing shared access roads.
Potholes damage cars but cost money to repair. Heavy vehicles cause more damage than light ones. Some users refuse to pay their fair share.
Write agreements about who pays what costs. Split bills based on how much each person uses the road.
Keep receipts for all repair work done.
Unauthorised Use
Some people use private rights of way without permission.
Delivery drivers might take shortcuts through private land. Dog walkers often ignore private property signs. Mountain bikers can damage footpaths not meant for cycles.
Put up clear signs showing what access is allowed. Install barriers to stop unauthorised vehicles.
Take photos if people ignore your rules.
Historic Rights Without Papers
Old rights of way often have no written proof.
People used paths for so long that everyone forgot they weren’t official. Family agreements from decades ago got lost. Some rights exist just because people have used them.
Proving old rights can be very hard. Elderly neighbours might remember past agreements.
Get legal help to establish historic rights properly.
Vehicle Versus Walking Disputes
Some rights only allow people on foot.
Car owners might think they can drive on footpaths. Tractors and lorries can damage paths meant for walking. Emergency vehicles need different access than daily traffic.
Check exactly what your right of way allows. Some rights changed over time as transport improved.
Vehicle damage often costs thousands to repair.
Emergency Services Access
Fire engines and ambulances must reach all properties.
Private gates can delay emergency help. Narrow paths might not fit large rescue vehicles. Some rights of way exclude emergency services.
Emergency services can break down barriers in real emergencies. Insurance might not cover the damage they cause.
Make sure emergency vehicles can reach your property safely.
Utility Company Rights
Gas, electric, and water companies often have special access rights.
These rights let them maintain pipes and cables. Some agreements are very old but still apply today. Utility companies can dig up private land when needed.
You can’t usually stop utility work on your land. But companies must repair the damage they cause.
Check what utility rights affect your property before buying.
Selling Options for Properties with Right of Way Issues
Here are the 3 primary methods to sell your property when right of way disputes exist…
Estate Agents
The traditional approach creates challenges for houses with right of way complications:
- Average sale period: 12-18 months (significantly longer – purchasers worry about legal disputes)
- 2 out of 3 deals fall through (most collapse when buyers learn about right of way conflicts)
- You need agents experienced with right of way matters and easement law
- You’ll face these costs:
- Agent commissions (up to 3%)
- Solicitor fees (up to £4,000)
- Right of way surveys and legal documentation (£500-£1,500)
- Easement resolution expenses (£2,000-£15,000)
- Legal disputes if necessary (£1,000-£5,000)
- Extremely few buyers want properties with right of way problems
Property Buyers Today
When right of way issues make your property difficult to sell:
- We can purchase within just 7 days
- No mortgage complications or easement requirements
- What you receive:
- No agent fees
- We cover legal costs
- No property inspections – we buy right of way problem properties as they are
- No easement costs – we handle right of way issues ourselves
- We know right of way law and resolution methods
- Completion date you can trust
- Consideration: Receive up to 85% of property value (frequently better after legal expenses and lengthy waiting periods)
Professional cash house buyers like Property Buyers Today understand right of way complications and manage all arrangements.
Property Auction
Auctioning brings buyers who work with right of way problematic properties:
- Duration: 3-4 months
- The transaction completes immediately when the gavel drops
- Key points:
- Property sold as-is – bidders are aware of all right of way disputes
- Attracts investors and legal specialists
- Perfect for easement projects – draws suitable purchasers
- Must disclose fully about right of way issues in auction literature
- Wait 4-8 weeks until auction day
- Wait 28 days to complete the sale
- Entry fees (up to £1,000)
- Auction house charges (up to 6%)
- Complete right of way information must be provided to all bidders
Review our guide on selling a house at auction to understand how this works for properties with right of way issues.
Legal Documentation and Requirements
Your solicitor must check all old papers to prove that your right of way exists.
I’ve seen sales fail when buyers couldn’t find proper proof of access rights. Title deeds show if easements were created when the house was first sold. Missing deeds can cause serious legal problems.
Local authority records help prove public rights of way. Ordnance Survey maps show old paths and boundaries.
Your solicitor needs to do extra searches for properties with access issues. They check court records for any old disputes about the right of way. Historical documents can prove rights that go back many years.
Witness statements help prove you’ve used a path for a long time. Statutory declarations are legal documents that swear that facts are true.
Insurance can protect against some right of way problems.
Indemnity policies pay legal costs if someone challenges your access rights later. But insurance doesn’t fix practical problems like blocked paths or broken gates.
Your solicitor has extra duties when selling houses with right of way issues. They must check everything very carefully before the sale. This extra work takes more time and costs more money.
Get all your access documents ready before putting your house on the market.
Resolving Right of Way Disputes Before Sale
Right of way disputes can stop property sales completely. Buyers won’t risk buying homes with access problems. Fixing these issues early gets better sale prices and faster completions.
Creating Formal Easement Agreements
Legal easements protect access rights forever.
Talk to neighbours about making informal arrangements official. Explain how legal agreements help both properties. Offer to share the costs of creating proper paperwork.
Solicitors write easement agreements properly. Both parties must sign and agree to all terms.
These agreements add value to both properties involved.
Registering Easements with the Land Registry
Official registration makes easements legally bulletproof.
Land Registry charges £40 to register new easements. You need detailed plans showing exactly where access routes go. Professional surveys cost £300-£800, depending on complexity.
Registration takes 4-8 weeks after submitting all paperwork. The Land Registry might ask questions about unclear details.
Registered easements show up in all future property searches.
Court Proceedings for Disputes
Courts can force solutions when neighbours won’t cooperate.
Judges can create new easements or confirm existing rights. Court cases cost £5,000-£30,000 in legal fees. Most cases take 8-18 months from start to finish.
Courts often order the losing side to pay all costs. Get expert legal advice before starting court action.
Try other solutions first, as courts are expensive and slow.
Professional Mediation Services
Mediators help people reach agreements without courts.
Trained professionals guide discussions between disagreeing parties. Sessions usually take one day, but complex cases need longer. Success rates reach 75% for property disputes.
Mediation costs £500-£1,500 total for both parties. This is much cheaper than court cases.
Both sides must agree to try mediation voluntarily.
Creating Alternative Access Routes
New access paths can solve old disputes.
Build new drives that don’t cross other people’s land. Use different routes that avoid problem areas completely. Sometimes buying small strips of land creates better access.
Planning permission costs £206 for new vehicle access. Building new drives costs £2,000-£15,000 depending on length.
Indemnity insurance can protect against future access claims.
Getting Planning Permission
Councils must approve new access routes.
Planning applications take 8-12 weeks to decide. Officers check traffic safety and environmental effects. Neighbours can object to applications they don’t like.
Highway departments check if new access affects public roads. Some applications need traffic surveys costing £1,000-£3,000.
Planning permission lasts 3 years from the approval date.
Costs and Timescales
Different solutions take different time and money.
Negotiating costs nothing but needs willing neighbours. Easement agreements cost £800-£2,500 and take 6-10 weeks. Land Registry registration adds £40 and 4-8 weeks.
Mediation costs £500-£1,500 and takes 2-6 weeks. Court cases cost £5,000-£30,000 and take 8-18 months. New access routes cost £206-£18,000 and take 8-16 weeks.
Plan extra time for any solution you choose. Complex cases often take longer than expected.
Why Choose Property Buyers Today for Right of Way Issue Property Sales
If you want to sell your house fast when it has right of way issues, we might be perfect for you.
I’ll be honest with you. We will offer less money than an estate agent would tell you to ask for. But we will always give you our best price and make everything easy for you.
We have bought right of way problem properties in just 10 days from when we made our offer. This is why many homeowners pick us to work with…
Sell your house fast with Property Buyers Today. Skip the hard parts of selling houses with right of way problems.
Speed
Most house sales take months, but we can buy your property in as little as 7 days.
This quick process is perfect if you need to move soon or want to avoid being stuck in a long chain of buyers and sellers. We have the cash on hand so don’t need to wait for mortgages or a chain to collapse.
Guaranteed Sale
Did you know 1 in 3 sales fall through on the open market?
We know how frustrating it is to get 6 months into a process and have a buyer pull out.
When we give you the final price for your house, that’s the amount you’ll get. Guaranteed!
No Costs
You won’t face any costs with us.
We handle all the expenses involved in buying your property, including legal fees and surveys. You get cash in your bank when the sale is complete, and there are no surprise estate agent commissions to worry about.
No Stress Or Hassle
Our team supports you through the whole selling process.
We keep you updated about what’s happening and answer any questions quickly. You’ll always understand what’s going on with your sale and what happens next.
Free Property Valuation
Our property experts will value your house at no cost to you.
They look carefully at your property and check local market prices to give you an accurate figure. This professional service comes with no obligations.
No Viewings Required
Forget about cleaning and tidying for viewings.
We don’t need multiple visits or open houses to make our offer. This means no strangers walking through your home, and no disruption to your daily life.
All Properties Welcome
Whether your house needs work or is in perfect condition, we’ll buy it.
We have experience with all types of properties and conditions. This means you can sell your house to us no matter what state it’s in.
Professional Legal Service
Our expert team manages all the legal requirements for you.
We work with experienced property lawyers who make sure everything runs smoothly, and put your property at the top of their list. This gives you peace of mind that your sale is being handled properly from start to finish.
