As a professional property adviser, access frequently crops up when I am inspecting and advising on properties. Access issues can arise in all circumstances, although the rural environment is particularly renowned for less than straightforward access rights.
I try to get the Title plans for a property before inspecting, so that I am aware where access rights exist. If it looks like access belongs to someone else, it’s one of the questions that I raise with the property owners. Inevitably the answer I get is “the access is ours”. Well, not according to the Title plans. There generally follows some harrumphing and suggestions that I don’t need to know, but of course, I do need to know.
Understanding the rights and restrictions
The discussion then unfolds about how the access is actually owned and used. Ideally, there will be some documentation which sets out the rights and obligations of the parties. There may be limitations on use (e.g. certain types of vehicles, restriction on hours) and there could be requirements to contribute to maintenance and repairs. Crucially the limitations may only permit access for a particular use, for example access may specifically be limited to a shop, so conversion to an office or residential use may fall foul of the permitted access rights.
Access may be documented by way of a licence, something I have seen in reality. The problem with a licence is that it can be revoked. If this covers the sole right of access to the property then this can seriously impact what the owners can do, and affect the value of that property.
Access without formal rights
In many cases access is not documented but simply exists through custom and practice. This is not necessarily a problem (I have a track at my own house that has no known owners) but issues can arise if repairs are required or if a user wishes to intensify their use. For example, it would not be possible for a user to unilaterally replace a single house with more houses and rely on the access. It is also essential that the user is able to demonstrate use without permission and without payment for a minimum period of twenty years.
Quite often we come across family situations, especially on farms, where property is in several ownerships and access is routinely taken over land owned by relatives without formal rights. Of course, in practice this usually works, but in the event of a family dispute, access may be denied to those who need it. If there is a lack of formal rights, restoring access can be problematic (occasionally impossible). Such lack of formality can be a barrier to securing a mortgage; no lender would lend if the access was not fully secured.
Where access is informal, I would always advise endeavouring to document it. In one case I dealt with, a farmer’s only right of access was over a neighbour’s land. Whilst he was alive there was no problem, but he died before he could legally confirm his use and secure formal rights. The upshot was that the farm had no access.
Repair and maintenance responsibilities
Besides the practicality of using an access, consideration has to be given to repair and maintenance obligations. Is payment by user? Is it capped? Who actually does repairs? Who decides what needs doing and how the costs are split?
Transferring property and access rights
Given changes to Inheritance Tax reliefs, many families are distributing their assets at a great speed. This is where caution needs to be taken so as to ensure rights are also transferred.
Whilst I have primarily covered pedestrian and vehicular access rights above, the same thought has to be given to other rights over third party land, such as pipelines and cables (easements and wayleaves).
It is wise to review access rights before undertaking any sales, transfers or mortgages.
Graham Bowcock – MRICS
Chartered Surveyor – Oakwood Property Services – October 2026
