TA6 Section 5: Rights and Informal Arrangements

Section 5 of the TA6 form asks about rights and informal arrangements that affect your property. It is one of the sections sellers find most confusing, partly because it asks about things that may never have been written down — verbal agreements, long-standing practices, and shared-use arrangements that have simply "always been that way."

The difficulty is that "informal" does not mean "unimportant" in conveyancing terms. An arrangement you have had with your neighbour for twenty years could, in certain circumstances, have become a legal right. Even where it has not, the buyer needs to know about it so they can decide whether to continue, formalise, or challenge the arrangement.

This guide explains what Section 5 covers, how to answer honestly when arrangements are verbal, and why getting this section right can prevent boundary and access disputes that delay or derail your sale.

What does TA6 Section 5 ask about?

Section 5 is titled "Rights and Informal Arrangements". It asks two key questions:

1. Are there any rights that benefit the property? For example, a right of way over a neighbour's land that gives you access to your back garden.
2. Are there any rights that burden the property? For example, a neighbour's right to use your shared driveway.

Crucially, the section also asks about informal arrangements — things that are not written down in any legal document but that exist as a matter of practice between you and your neighbours or other parties.

Formal rights: what to look for

Rights of way

A right of way is a legal right to pass over someone else's land. Rights of way can be:

• Public rights of way — footpaths, bridleways, or byways that the public can use. These are recorded on the local authority's Definitive Map and Statement.
• Private rights of way — granted to specific individuals or properties, usually recorded in the title deeds or on the Land Register.

If your property benefits from a right of way (for example, you cross a neighbour's land to reach your property), or is burdened by one (for example, a footpath runs through your garden), it must be disclosed.

Easements

An easement is a right that one property (the dominant tenement) has over another (the servient tenement). Common examples include:

• The right to run drains or pipes under a neighbour's land
• The right to access a shared path or alleyway
• The right to light (preventing a neighbour from building in a way that blocks your windows)
• The right to use a shared wall (party wall)

Easements are often recorded on the title register. Download your register from HM Land Registry (available for £3 at gov.uk/search-property-information-service) and look for entries in the Property Register (rights that benefit your land) and the Charges Register (rights that burden your land).

Restrictive covenants

While strictly speaking restrictive covenants are not "rights" in the same sense as easements, they are closely related and often come up in the context of Section 5. A restrictive covenant is a promise (typically made in a historic deed of transfer) that restricts what can be done with the land — for example, a covenant not to build above a certain height, or not to use the property for commercial purposes.

Restrictive covenants run with the land, meaning they bind future owners. They should be disclosed even if they are very old and have never been enforced. The buyer's solicitor will see them on the title register and will want your confirmation that you have complied with them.

Informal arrangements: why they matter

The part of Section 5 that sellers find hardest to answer is the question about informal arrangements. These are things that have never been formally documented but that exist as a practical reality. Common examples include:

The key principle is that any arrangement — however informal — that allows someone else to use, access, or benefit from your property should be disclosed. Similarly, any arrangement where you use or benefit from a neighbour's property should be mentioned.

Overriding interests

One of the most important legal concepts relating to Section 5 is overriding interests. Under the Land Registration Act 2002 (Schedule 3), certain rights bind a buyer even though they are not registered on the title. These include:

• Legal easements that have not been registered
• Rights of persons in actual occupation of the property (for example, a partner who is not on the title but lives at the property)
• Local land charges not yet reflected on the register

Overriding interests are particularly tricky because they do not appear on any official document the buyer's solicitor can search. The TA6 is therefore one of the main mechanisms for uncovering them. If you are aware of any right that might constitute an overriding interest — even if you are not sure of its legal status — describe it on the form.

How to answer when arrangements are verbal

Many sellers worry about how to answer Section 5 when the arrangements they have with neighbours are purely verbal. The answer is straightforward: describe what happens in practice. You do not need to know the legal classification of the arrangement. For example:

• "Our neighbour at No. 14 has used the left side of our shared driveway to access their garage for the duration of our ownership (since 2011). There is no written agreement — it is an informal arrangement that has worked well."
• "We share the cost of maintaining the rear fence with No. 22. There is no formal agreement; we have split the cost whenever repairs have been needed."
• "A public footpath runs along the bottom of the garden. It is marked on the OS map and is well used by walkers."

This level of practical detail is exactly what the buyer's solicitor needs. They can then advise the buyer on the legal implications and, if necessary, suggest formalising any arrangements before or after completion.

When informal becomes legal: prescriptive rights

One reason informal arrangements must be disclosed is that long use can create legal rights. Under the Prescription Act 1832 and the common law doctrine of prescription, a person who has exercised a right over land openly, without permission, and without interruption for 20 years or more may be able to claim a prescriptive easement.

This is significant because it means an arrangement you thought was informal may have already become a legal right that binds future owners. Disclosing such arrangements allows the buyer's solicitor to assess the risk and advise accordingly.

Note that prescriptive rights typically require the use to have been without permission. If you have expressly granted permission (even verbally), this may prevent a prescriptive claim — but the legal position is nuanced and often depends on the specific facts.

Common mistakes on Section 5

• Assuming informal means irrelevant. Verbal arrangements absolutely must be disclosed. The buyer's solicitor will raise additional enquiries if they suspect undisclosed rights.
• Only disclosing burdens, not benefits. The section asks about both rights that help you and rights that affect you. A right of way that benefits your property adds value and should be mentioned.
• Failing to check the title register. Your title register lists formal easements and covenants. Not checking it means you may miss rights that are already recorded.
• Vague answers. Writing "there may be some shared access" without detail is unhelpful. Be specific about what the arrangement involves, who it involves, and how long it has been in place.
• Denying the existence of obvious rights. If a well-worn path crosses your land, the buyer will see it during their viewing. Denying its existence on the TA6 is worse than disclosing it honestly.

What the buyer's solicitor will check

After receiving your TA6, the buyer's solicitor will:

1. Cross-reference your answers with the title register to confirm that formal rights match what you have disclosed.
2. Review the title plan for any access routes, shared areas, or features that suggest rights of way.
3. Check the local authority search for public rights of way, which are recorded on the Definitive Map.
4. Raise additional enquiries about any informal arrangements, asking for more detail or requesting that arrangements be formalised before completion.

Providing thorough answers upfront reduces the number of follow-up enquiries, which in turn speeds up the conveyancing process. This is one of the practical steps you can take to avoid your sale stalling.

Tips for completing Section 5

• Download your title register. This is the starting point. Check the Property Register for beneficial rights and the Charges Register for burdens.
• Walk your boundaries. Physically inspect the property and note any paths, access points, shared areas, or features that suggest someone else uses part of your land.
• Talk to your neighbours. If you are unsure about the basis for a shared arrangement, ask your neighbours what their understanding is. This can help you provide a more accurate description on the form.
• Describe, do not classify. You do not need to know whether an arrangement is a legal easement or a personal licence. Just describe what happens in practice and let the solicitors determine the legal position.
• Attach supporting documents. If you have any written agreements, deeds, or correspondence about rights or arrangements, attach copies to the TA6.

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
• Prescription Act 1832 — legislation.gov.uk
• HM Land Registry — Search for property information service: gov.uk/search-property-information-service
• HM Land Registry Practice Guide 62 — Land Registry plans (easements): gov.uk
• Misrepresentation Act 1967 — legislation.gov.uk
• RICS — Boundaries: Procedures for Boundary Identification, Demarcation and Dispute Resolution, 2014 — rics.org
• Law Commission — Making Land Work: Easements, Covenants and Profits a Prendre (Report No. 327) — lawcom.gov.uk
• Gov.uk — Public rights of way: gov.uk/right-of-way-open-access-land
• National Trading Standards Estate and Letting Agency Team —Material information guidance — ntselat.gov.uk

Related guides

• TA6 Rights of Way: How to Complete This Section
• TA6 Shared Access: How to Complete This Section

Frequently asked questions