TA6 Rights of Way: How to Complete This Section

Rights of way are one of the most commonly misunderstood areas of the TA6 Property Information Form. Whether your property benefits from a right of way over a neighbour's land, is burdened by an easement granting access to someone else, or has a public footpath running through the garden, you need to disclose it accurately. Getting this section wrong — or leaving it vague — can trigger a chain of additional enquiries, delay exchange of contracts, and even expose you to a misrepresentation claim after completion.

This guide explains exactly how to complete the rights of way questions on the TA6 form. It covers which sections apply, the different types of rights of way you may encounter, how to word your answers, and what supporting documents to provide. It is written for sellers in England and Wales and reflects the current TA6 form (4th edition, 2020) published by the Law Society.

Understanding rights of way

A right of way is a legal right to pass over another person's land. It can be private (benefiting a specific property or person) or public (available to anyone). In property law, a private right of way is a type of easement — a right that one property holds over another. When you sell, the buyer's solicitor will want to know about every right of way that affects the property, whether it benefits or burdens your land.

Private rights of way

A private right of way allows a specific person or the owner of a specific neighbouring property to cross your land — or gives you the right to cross theirs. Common examples include:

• A shared driveway where one property owns the surface and the other has a right to drive over it
• A right to walk across a neighbour's garden to reach a rear access point
• An access route over neighbouring farmland to reach a rural property
• A right granted when land was subdivided to allow the new plot to reach the road

Private rights of way can be created in several ways, each of which has different implications for your TA6 disclosure.

How private rights of way are created

Public rights of way

Public rights of way — footpaths, bridleways, restricted byways, and byways open to all traffic — are routes that the public has a legal right to use. They are recorded on the definitive map and statement maintained by the local highway authority. If a public right of way crosses your property, it must be disclosed on the TA6 regardless of how frequently it is used. Obstructing a public right of way is a criminal offence under the Highways Act 1980.

Public footpaths are surprisingly common in residential areas, particularly in older estates, village settings, and properties adjacent to countryside. Do not assume that because you have never seen anyone use a path, it does not exist. The definitive map is the legal record, not physical usage.

Which TA6 section covers rights of way

Rights of way are primarily covered in Section 5 of the TA6 form, titled Rights and Informal Arrangements. This section asks three key questions:

1. Rights that burden the property: Does anyone other than the seller have any rights over the property? This includes rights of way, easements, wayleaves, and any other rights that allow someone to use or cross your land.
2. Rights that benefit the property: Does the property benefit from any rights over neighbouring land? This includes a right of way over a neighbour's driveway or land to reach your property.
3. Informal arrangements: Are there any informal arrangements with neighbours or others relating to the property? This catches verbal agreements and long-standing practices that may not be formally documented.

If there have been disputes or disagreements about any right of way, you must also disclose these in Section 10 (Disputes, Complaints, and Disagreements). As with boundary disputes, consistency between the two sections is essential. If you mention a shared access arrangement in Section 5 but fail to disclose a related dispute in Section 10, the buyer's solicitor will spot the inconsistency and raise additional enquiries.

How to check your title for rights of way

Before completing the TA6, you should download your title register and title plan from HM Land Registry. Both cost £3 each and are available at gov.uk/search-property-information-service. These documents will tell you about any registered rights of way affecting your property.

Where to look on your title register

• Property register (Part A): Lists any rights that benefit your property, such as a right of way over a neighbour's land. Look for wording such as "together with a right of way on foot and with vehicles over the access road coloured brown on the plan filed."
• Charges register (Part C): Lists any rights that burden your property, such as a right of way granted to a neighbour over your driveway. Look for wording such as "the land is subject to a right of way on foot only as granted by a deed dated..."
• Title plan: Access routes may be shown by coloured markings or hatching. The plan is not always conclusive, but it can highlight shared access areas.

Note that not all rights of way appear on the title register. Prescriptive rights, implied easements, and some older rights created before compulsory registration may not be recorded. Public rights of way are not typically recorded on individual title registers either — they appear on the local authority's definitive map instead.

How to answer Section 5: Step by step

Approach Section 5 methodically. For each right of way affecting the property — whether it benefits or burdens the land — provide the following information:

1. Identify the right. State what type of right it is (right of way on foot, right of way with vehicles, right to park, etc.) and where it runs. Reference the title plan if the route is shown.
2. State who benefits from it. Is it a private right benefiting a specific neighbouring property, or a public right of way? If private, identify the neighbouring property by address rather than the owner's name.
3. Explain how it was created. If the right is recorded on the title register, reference the relevant entry. If it is based on long use or an informal arrangement, explain the history.
4. Describe the current position. Is the right actively exercised? Has there been any change in how it is used? Is there any current disagreement about it?
5. Attach supporting documents. Include copies of any deed of easement, access agreement, or correspondence relating to the right.

Example wording: Registered easement benefiting the property

"The property benefits from a right of way on foot and with vehicles over the shared driveway to the front of the property, as recorded in the property register of title number [number]. The driveway is owned by the neighbouring property at [address]. The right was granted by a deed of easement dated [date]. The driveway is used daily without issue. No disputes have arisen. A copy of the deed of easement is attached."

Example wording: Right of way burdening the property

"The property is subject to a right of way on foot over the path running along the southern boundary, as recorded in the charges register of title number [number]. This right benefits the property at [neighbouring address] and was granted by a transfer deed dated [date]. The path is used occasionally by the neighbouring owner to access their rear garden. No disputes have arisen. The relevant title entry is attached."

Example wording: Public footpath

"A public footpath (reference [number] on the definitive map) crosses the rear of the property from the gate at the eastern boundary to the stile at the western boundary. The footpath is recorded on the definitive map maintained by [council name]. It is used regularly by walkers. No diversions or extinguishment orders have been applied for. A copy of the relevant section of the definitive map is attached."

Example wording: Informal access arrangement

"By informal arrangement, the owner of [neighbouring address] has walked across the rear of the property to access their garden shed for approximately 15 years. There is no written agreement or deed of easement. The arrangement has never been disputed. The seller is not aware of any formal claim to a right of way."

Common scenarios and how to handle them

Rights of way and mortgage lenders

The buyer's mortgage lender will assess any rights of way as part of their standard property valuation and legal review. Most lenders are comfortable with properly registered easements, but they may raise concerns in the following situations:

• The right of way is unregistered or informal, leaving the buyer exposed to the risk that access could be challenged
• A public footpath crosses a sensitive area of the property such as the front garden or driveway
• There is an active dispute about access that could lead to litigation
• The property's only access is via a right of way over neighbouring land, meaning loss of the right would leave the property landlocked

In these cases, the lender may require indemnity insurance or additional legal documentation before approving the mortgage. Preparing for this in advance by gathering documents and arranging insurance where needed can prevent last-minute delays.

Supporting documents to attach

Providing supporting documentation alongside your TA6 answers significantly reduces the number of follow-up enquiries. Where any of the following exist, attach copies:

• Deeds of easement or access agreements
• Transfer deeds that created or reserved a right of way
• HM Land Registry title register entries showing the right
• The relevant section of the local authority definitive map (for public rights of way)
• Written maintenance agreements for shared access routes
• Correspondence with neighbours about access arrangements
• Indemnity insurance policies already in place
• Diversion or extinguishment orders (for public rights of way that have been altered)

If no written documentation exists — for example, with a purely informal arrangement — state this clearly in your Section 5 answer. The absence of documentation is itself useful information for the buyer's solicitor.

Common mistakes to avoid

Sellers frequently make errors when dealing with rights of way on the TA6. These are among the most common TA6 mistakes sellers make, and each one can slow your transaction or create legal exposure:

1. Failing to check the title register. Many sellers complete Section 5 from memory without downloading their title documents. The title register may record rights you are not aware of or have forgotten about. Always check before completing the form.
2. Omitting informal arrangements. If a neighbour has been using a path across your garden for years, even by informal agreement, it must be disclosed. The question specifically asks about informal arrangements, not just formal easements.
3. Ignoring public rights of way. Some sellers assume that public footpaths are "not their problem" or do not affect the sale. A public right of way is a significant matter that affects how the property can be used, and omitting it would be misleading.
4. Using vague or incomplete descriptions. Answers like "there may be some rights of way" or "a neighbour occasionally uses the path" are unhelpful. Be specific about what the right is, who benefits from it, and how it was created.
5. Contradicting the title register. If your title register records a right of way but you answer "No" to the question about whether anyone has rights over the property, the inconsistency will be immediately flagged by the buyer's solicitor. For more on the consequences of inaccurate disclosure, see our guide on what happens if you lie on the TA6.
6. Not disclosing related disputes in Section 10. If there has been any disagreement about a right of way — even one that was resolved amicably — it must appear in Section 10 as well as being referenced in Section 5. Your duty of disclosure requires you to share all material information.

What if you discover an unregistered right of way?

Sometimes the process of completing the TA6 reveals rights of way that are not recorded on the title register. This commonly happens when:

• A neighbour has been using a path or access route across your land for many years without a formal grant
• The right was created in old deeds before compulsory land registration and was never noted on the register
• A public footpath crosses the property but does not appear on the title plan

If you discover an unregistered right of way, discuss it with your solicitor. They may recommend formalising the right through a deed of easement, applying to register it at the Land Registry, or arranging indemnity insurance to cover the risk. The right course of action depends on the nature and history of the right. Whatever the outcome, disclose it fully on the TA6 — an honest disclosure of an unregistered right is far better than concealing it.

Prescriptive rights of way

Prescriptive rights of way deserve particular attention because they can exist without any formal documentation. Under the Prescription Act 1832, if someone has used a route across your land openly, without your permission, and without interruption for at least 20 years, they may have acquired a prescriptive right of way. This right is legally enforceable even though it has never been granted by deed or registered at the Land Registry.

If you believe a neighbour may have acquired prescriptive rights over your land, or if your property relies on access that has been used for 20 or more years without a formal grant, disclose this on the TA6 and discuss it with your solicitor. They may recommend applying to register the right formally or arranging indemnity insurance.

Note that prescriptive rights cannot be acquired over land owned by the Crown or by a statutory body. They also cannot be acquired if the use was with the landowner's permission — permitted use is a licence, not prescription. For more detail on how these arrangements work in practice, see our guide on selling a house with shared access.

How rights of way affect the rest of the transaction

Your TA6 answers about rights of way feed into several other parts of the conveyancing process. The buyer's solicitor will cross-reference your answers with:

• The title register and title plan held at HM Land Registry
• Local authority search results, which reveal public footpaths, bridleways, and any planned diversions or extinguishments
• The environmental search, which may highlight access constraints related to flood defences, protected land, or common land
• Any pre-contract enquiries raised based on their review of the documents

Inconsistencies between your TA6 answers and these other sources will generate additional enquiries that add time to the transaction. A thorough, honest Section 5 answer that aligns with the title documents and local authority records will help keep the process moving. For broader guidance on completing the TA6 effectively, see our property information form tips.

Preparing early with Pine

Rights of way issues are among the most common causes of conveyancing delays in England and Wales. The traditional process leaves all preparation until after an offer is accepted, meaning solicitors are investigating access rights and gathering documents while the buyer is waiting — and potentially losing confidence.

Pine helps sellers get ahead by completing the TA6 Property Information Form — including Section 5 on rights and informal arrangements — before listing. By identifying and documenting all rights of way upfront, gathering the relevant deeds and title entries, and arranging indemnity insurance where needed, you can present buyers and their solicitors with a complete picture from day one. This reduces follow-up enquiries, satisfies lender requirements earlier in the process, and significantly reduces the risk of your sale falling through.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Land Registration Act 2002, Schedule 3 (Overriding interests) — legislation.gov.uk
• Law of Property Act 1925, Section 62 (General words implied in conveyances) — legislation.gov.uk
• Prescription Act 1832 — legislation.gov.uk
• Highways Act 1980 (Public rights of way) — legislation.gov.uk
• Misrepresentation Act 1967 — legislation.gov.uk
• HM Land Registry — Practice Guide 52: Easements claimed by prescription — gov.uk/government/publications/easements-claimed-by-prescription
• HM Land Registry — Search for property information service — gov.uk/search-property-information-service
• Natural England — Definitive maps and public rights of way — gov.uk/guidance/public-rights-of-way

Related guides

• TA6 Shared Access: How to Complete This Section

Frequently asked questions