UK

My property has a public right of way across it. Can I stop people using it?

Public right
Legal status
Criminal offenc
Obstruction penalty
No consent need
Public use rule
Perpetual
Duration
The Short Answer

No, you cannot lawfully stop people from using a public right of way across your property — it is a legal right enjoyed by the public, and obstructing it may be a criminal offence.

What the Law Says

Public rights of way are legally protected routes over private land that the public may use for specific purposes — most commonly walking, but sometimes also cycling or horse riding, depending on the classification. The Law of Property Act 1925 plays a key role in how such rights are created and preserved.

A public right of way is not a temporary privilege — it is a legal easement in favour of the public, binding on all landowners, including successors in title. Once established (e.g., by dedication, long use, or official recording), it cannot be removed or blocked without formal legal process.

Section 62 of the Law of Property Act 1925 helps preserve certain rights — including easements like rights of way — when land is conveyed. It ensures that existing rights 'automatically pass' with the land unless expressly excluded. This reinforces the enduring nature of public rights of way across changes in ownership.

Statutory Text

Law of Property Act 1925, s. 62 — c. 20

What to Do

1

Check the official Definitive Map and Statement for your area (held by the local highway authority) to confirm the status and type of the right of way.

2

Do not erect barriers, signs prohibiting access, or any obstruction — even temporary — without written consent from the highway authority.

3

If you believe the path is incorrectly recorded or no longer used, apply to the local authority for a modification order — do not take unilateral action.

4

Seek legal advice before making changes to fencing, gates, or vegetation near the route, as some works may still require consent.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.