The Silver Brief

Disputes over rights of way are increasingly common in England and Wales, particularly where land is developed or long-standing access routes fall into disuse. A key question many property owners ask is: can a right of way be removed once it exists?

You may also find this helpful: Neighbour blocking right of way: What can I do?

Quick answer

In most cases, a private right of way cannot easily be removed once it exists under UK law. It can usually only be extinguished through:

• A formal legal agreement (deed of release)
• Clear evidence of abandonment
• Legal estoppel (where one party relies on the other giving it up)

Importantly, simply not using a right of way—even for many years—is rarely enough to remove it.

What is a right of way?

A right of way is a type of easement—a legal right in property law in England and Wales allowing one landowner to use another person’s land, most commonly for access.

These rights are widely encountered across the UK, especially where:

• Properties share driveways
• Land is landlocked
• Access routes cross neighbouring land

How is a private right of way created?

In England and Wales, a right of way can arise in three main ways:

Express grant (most common)

This is the clearest and most reliable form of easement. It is:

• Created by a formal deed
• Recorded in the title documents
• Typically agreed when land is divided and sold

Example: A seller grants a right of way over a driveway when selling part of their land.

Implied grant

An implied right of way is not expressly written but is recognised by law. It typically arises where:

• Land is sold
• The only reasonable access is over land retained by the seller

The buyer must prove the right exists, often relying on necessity or prior continuous use.

Prescription (long use)

A right of way may be acquired through long use if it has been:

• Continuous for at least 20 years
• Without force
• Without secrecy
• Without permission

This is commonly described as use “as of right” under UK law.

Can a right of way be removed or extinguished?

Once established, removing a right of way in England and Wales is legally difficult. The law protects these rights strongly, and they are rarely lost without clear evidence.

A right of way will usually only be extinguished in the following situations:

1. Deed of release

This is the most straightforward way to remove a right of way.

• Both parties agree to extinguish the right
• A formal legal document is signed
• The change is recorded against the property titles

2. Abandonment

Abandonment is difficult to prove under UK law. To establish abandonment, there must be:

• A clear intention to give up the right
• Evidence through conduct (not just non-use)

Simply failing to use a right of way—even for a long time—is not enough.

3. Estoppel

Estoppel may apply where:

• One party acts in a way suggesting they will no longer use the right
• The other party relies on that conduct (for example, building over the access route)

In these cases, the courts may prevent the right from being enforced.

Does non-use remove a right of way in the UK?

No—non-use alone does not remove a right of way.

The courts in England and Wales have repeatedly confirmed that even very long periods of non-use are not sufficient to extinguish an easement.

• In Benn v Hardinge (1992), a right of way unused for 175 years remained valid
• In Dwyer v City of Westminster (2014), 40 years of non-use, even where the route was blocked, did not amount to abandonment

This reflects a core principle of UK property law: legal rights over land are not lost lightly.

What if a right of way is no longer used?

If you are dealing with an unused right of way, caution is essential.

If the right benefits your land:

• Do not assume it has been lost
• You may still be legally entitled to use it
• Evidence such as title documents and historic use will be important

If the right affects your land:

• Avoid blocking or interfering with it without legal advice
• Even long-disused rights may remain enforceable
• Taking action could lead to a costly dispute

Why disputes over rights of way are common

Rights of way frequently lead to disputes in England and Wales because:

• They affect property value and development potential
• They are sometimes unclear, historic, or undocumented
• Long periods of non-use create incorrect assumptions

Disputes can also impact:

• Mortgage approvals
• Property sales
• Neighbour relationships

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

Frequently asked questions

Can a right of way be removed UK? Key takeaway

A right of way in England and Wales is a durable legal right. Once created, it is rarely removed without:

• Formal legal agreement, or
• Strong and specific legal evidence

Assumptions—particularly those based on non-use—can easily lead to costly mistakes.

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