Public rights of way: new rights of way arising through long use in England

Land

Please note that this guidance is intended to be used for general information purposes only, is not intended to be a definitive guide to the law and cannot be a substitute for independent advice. NFU members can obtain free initial legal and professional advice from NFU CallFirst on 0370 845 8458.

This Business Guide explains how new PRoW (public rights of way) can be created through the public’s long use of a route, and what landowners can do to prevent this.

The information in this Business Guide relates to the law in England. We have a separate Business Guide for claims for new rights of way in Wales, Business Guide 401W “Public rights of way: preventing new rights of way arising through long use in Wales”.

Where claims are made concerning the reinstatement of a PRoW based on historic evidence, please see Business Guide 402 “Public rights of way: the law on unrecorded historic rights of way”.