The Silver Brief

Neighbour blocking right of way

If your neighbour is blocking your right of way, you’re not alone. This is a common issue under UK property law, particularly in England and Wales. Disputes involving blocked access—whether a driveway, footpath, or shared access road—are increasingly common across England and Wales.

Being unable to access your own property—especially because of a neighbour’s actions—can be extremely frustrating, particularly if it prevents you from entering your home or parking your vehicle. But before the situation escalates, it’s important to understand your legal position under the law in England and Wales, and the practical steps you can take.

Neighbour disputes can quickly become expensive and stressful. You must also disclose them when selling your property, which can deter buyers. For that reason, resolving the issue early is always the best approach.

Quick answer: Can a neighbour block a right of way in the UK?

No—if a valid right of way exists, your neighbour cannot legally block it.

If your neighbour is obstructing your access, you should:

• Check your title deeds to confirm the right of way exists
• Speak to your neighbour informally
• Follow up in writing if needed
• Consider mediation before legal action
• As a last resort, apply to court for an injunction and possibly damages

What is a private right of way in the UK?

A private right of way is a type of legal right known as an easement. It allows you to use someone else’s land for a specific purpose—usually access to your property.

While most people think of rights of way as footpaths or driveways, easements can also include:

• Rights of light
• Rights of access for maintenance
• The right to run pipes, drains, or cables across neighbouring land

Importantly, a right of way usually attaches to the property itself—not the owner—so it continues even if the property is sold.

You might also find this helpful: Shared driveway problems

How are rights of way created in the UK?

Understanding how your right of way was created is key to resolving a dispute with your neighbour. In England and Wales, there are three main types:

Express right of way (written in deeds)

An express easement is clearly set out in a legal document, usually when land is divided and sold. For example, one property may be granted a right of way over a shared driveway in the title deeds.

Implied right of way (arising automatically)

An implied easement arises in certain situations, even if it is not written down. A common example is where land would otherwise be landlocked. In these cases, the law may imply a right of way out of necessity.

Prescriptive right of way (long-term use)

A prescriptive easement arises through long-term use. To establish this, the right must typically have been used for at least 20 years, without force, secrecy, or permission.

The law in this area is complex. Indeed, the Law Commission described the main legislation, the Prescription Act 1832, as “one of the worst-drafted Acts on the Statute Book”!

In practice, prescriptive rights are often the most disputed, as they rely on evidence of historical use rather than clear documentation.

Neighbour blocking right of way: Common situations

A blocked right of way does not always start as a deliberate dispute. In many cases, it results from misunderstanding or lack of awareness. Common examples include:

• One neighbour repeatedly parks on a shared driveway, preventing the other from accessing their property or parking space
• Temporary obstructions such as skips or building materials
• Locked gates restricting access
• Fences or barriers erected across an access route

In some cases, the obstruction may be occasional or careless. In others, it may be deliberate—particularly where a neighbour disputes your legal right of access.

How to deal with a neighbour blocking right of way

Speak to your neighbour first

Your first step should always be an informal conversation. In many cases, your neighbour may not realise they are blocking access. A calm discussion can often resolve the issue quickly without escalating tensions.

What to do if your neighbour ignores you

If the problem continues, follow up in writing. Set out clearly:

• The basis of your right of way
• How it is being obstructed
• What action you would like them to take

Keeping a written record can be helpful if the dispute escalates.

Check your title deeds and legal position

You should review your title deeds and any plans relating to your property. These documents should confirm:

• Whether a right of way exists
• Its location and extent
• Any conditions or restrictions

If the position is unclear, you may need legal advice to clarify your rights. In practice, uncertainty over legal rights is one of the most common causes of neighbour disputes.

Try mediation before legal action

If an agreement cannot be reached, mediation is often the next step.

Mediation involves an independent third party helping both sides reach a resolution. It is usually quicker and far less costly than going to court.

Courts in England and Wales increasingly expect parties to consider mediation and other forms of dispute resolution before commencing proceedings.

Can you take legal action if a neighbour blocks a right of way?

If all else fails, you may need to take legal action. The court can:

• Grant an injunction requiring your neighbour to remove the obstruction
• Award damages if you have suffered financial loss

However, court proceedings can be expensive and time-consuming, so they are usually a last resort.

Why you should resolve a right of way dispute early

Right of way disputes can have consequences beyond the immediate issue. In England and Wales:

• Sellers are required to disclose neighbour disputes, even settled ones
• Ongoing or past disputes can put buyers off
• Legal costs can escalate quickly

Resolving the issue early can protect both your property value and your peace of mind.

You may also find this helpful: Property litigation costs UK: A practical guide for homeowners

Frequently asked questions

This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes