Public Rights of Way are one of those parts of UK property law that most people have heard of, but few fully understand. They can also be unexpectedly significant during a property transaction.
Whether you’re buying a home, managing land, or advising clients, knowing how these rights work (and how they are recorded and changed) helps avoid surprises later on.
So hop the stile and join us for a quick walk through the essentials.
What Are Public Rights of Way?
A Public Right of Way is a route over which the public have a legal right to pass and repass. Anyone can use them on foot, and some routes allow additional rights for cyclists, horse riders, and vehicles depending on their official status. Common categories include:
- Footpaths
- Bridleways
- Byways open to all traffic
- Restricted byways
It’s important to note that not every path people regularly use is a legal public right of way. Equally, some rights exist even where the route on the ground is unclear or poorly maintained.
Local authorities, known as surveying authorities, have a statutory duty to maintain a formal legal record called the Definitive Map and Statement. This map is the conclusive record of public rights of way in an area. If a route appears on the Definitive Map, that is deemed legal proof that the public have those rights.
Why Public Rights of Way Matter to Property Owners
For buyers and sellers, a right of way can influence:
- Privacy – if walkers routinely pass through land.
- Development potential – as rights of way cannot be obstructed or diverted without a legal process.
- Maintenance responsibilities – depending on the type of route.
- Liability – obstructing a right of way, even unintentionally, can result in enforcement action.
During a conveyancing search, Public Rights of Way are flagged so that any routes affecting the property can be identified early. It’s not uncommon for buyers to discover a footpath crossing a garden or bridleway running along a boundary.
What Is a Definitive Map Modification Order (DMMO)?
A Definitive Map Modification Order is a legal process used to correct, update, or amend the Definitive Map and Statement. It ensures the map accurately shows the rights that legally exist – not necessarily the routes that are convenient or desirable.
A DMMO can be used to:
- Add a right of way that exists in law but isn’t currently recorded
- Remove a right of way that has been wrongly shown
- Change the status of a route (e.g., from footpath to bridleway)
- Amend route details such as alignment, width, or access points
Anyone – landowners, walkers, parish councils or interest groups – can apply for a DMMO if they believe the map is incorrect.
How Is a DMMO Decided?
The key principle is that the decision is based purely on evidence, not preference. The authority must review:
- Historic maps and estate plans
- Archive documents and parish records
- Evidence from user groups
- Landowner statements
- Any counter‑evidence from those affected
A site visit is usually carried out, and affected landowners are invited to provide comments or objections. The final decision is normally made by a council committee, which determines whether the evidence shows that a right of way does or does not exist.
Crucially, a DMMO cannot create new rights, extinguish existing ones, or reroute paths simply for convenience. Its sole purpose is to ensure the Definitive Map reflects the rights that already exist in law.
Why This Matters in Property Transactions
A property may be affected by:
- An existing right of way
- A claimed but unrecorded right of way
- A pending DMMO application
- A recently confirmed modification not yet reflected in commercial datasets
All of these can affect land use, development, or future saleability. Understanding whether a right of way is established, disputed or under review helps buyers make informed decisions, and helps conveyancers provide accurate advice.
Public Rights of Way form part of England and Wales’ long‑established legal landscape, and they remain significant in modern property transactions. The Definitive Map provides the authoritative record of these rights, while Definitive Map Modification Orders ensure that record stays accurate.
For property professionals and homebuyers alike, a basic understanding of how these rights work is a valuable part of due diligence, helping ensure clarity, confidence and fewer unwelcome surprises.
