Understanding Covenants and Rights of Way on Estates

Why covenants and rights of way matter on an estate

Covenants are promises written into deeds. They can restrict what you do with land — for example, banning commercial use or requiring you to maintain a boundary fence. Rights of way are public rights of passage across your land. Both run with the property, not the person. That means a covenant signed by a previous owner in 1923 can still bind you today, and a footpath used by villagers for generations may be a legal highway that you cannot simply block.

For estate owners, these rules shape everything from tree planting to fencing, from parking to property conversion. Ignoring them can lead to an injunction, damages, or even a criminal offence if you obstruct a public path. Understanding them is not about surrendering control — it is about knowing where your freedom ends and your obligations begin.

Reading the deeds: what covenants actually say

Start with your title deeds and the register at the Land Registry. Look for a schedule of covenants. Restrictive covenants limit what you can do — no trade, no subdivision, no alterations to the exterior. Positive covenants require action, such as keeping a wall in repair or contributing to a shared drive. They may be enforced by a neighbouring estate, a management company, or a beneficiary of the original covenant.

Covenants can be modified or discharged, but only through the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925. You must show grounds — that the covenant is obsolete, impedes reasonable use, or causes no practical benefit to anyone. This is not a quick fix. Instruct a solicitor who knows rural property. Keep a folder of covenants for each field, building and access track. When you buy or sell, that folder is worth its weight in gold.

Public rights of way: footpaths, bridleways and byways

There are four main types in England and Wales. A footpath is for walking. A bridleway allows walking, horse riding and cycling. A restricted byway adds horse-drawn vehicles and non-motorised cycles. A byway open to all traffic is a road for vehicles, though often unsurfaced. All are highways. Your duties include keeping the surface clear, maintaining stiles and gates, and not obstructing the route.

You cannot block, plough or divert a right of way without a legal order from the local highway authority. If a path has been used by the public for 20 years without permission, it may already be a deemed highway under section 31 of the Highways Act 1980. Check the definitive map — the legal record of public paths — before you fence, plant or build. The map is held by the highway authority, usually the county council. It is not always complete, but it is your starting point.

Historic routes and lost ways: research before you block

Many estates contain forgotten routes: droves, carriage drives, church paths, miners’ tracks. They may not appear on the definitive map, but that does not mean they are not public. Inclosure awards, tithe maps, estate plans and parish records can all provide evidence of historic public use. The cut-off for registering historic rights of way has focused attention on these routes, and claims are still being made.

If you block a path that has documentary or user evidence, you risk a dispute that could cost far more than a gate. Walk the land with old maps. Talk to the parish council, local ramblers or the British Horse Society. They often know routes that official records miss. If you find a credible claim, take legal advice before acting. It is far cheaper to divert a path formally than to fight a public inquiry later.

Practical steps before changing land use or blocking access

Before any change — whether converting a barn, laying a new drive or locking a gate — work through this checklist:

Check the deeds for restrictive and positive covenants, easements and rights of way.

Consult the definitive map at the local highway authority and request a search.

Walk the boundary and note every gate, stile, sign and worn track.

Ask yourself: is there a public right here? Has the route been used without challenge?

Apply for a stopping up or diversion order if you want to move a path legally — never obstruct first.

Seek legal advice on covenants before starting work that might breach them.

Keep records of maintenance, repairs and any permissions you grant.

Talk to neighbours and users early — most disputes escalate because nobody communicated.

Obstructing a right of way is a criminal offence. You can be fined, and the authority can remove the obstruction at your expense. The same applies to ploughing a footpath without reinstating it. Good estate management means staying ahead of these issues, not reacting after a complaint.

Living with public access: balancing privacy and responsibility

Rights of way do not mean you lose all privacy. Most walkers, riders and cyclists respect the countryside. Keep gates in good order, sign routes clearly, and where possible provide a permissive alternative that keeps people away from your front door. Work with the local authority and user groups. A permissive path can be closed one day a year to preserve your rights, while a public path cannot.

Estate living is about stewardship. Understanding covenants and rights of way is part of that. It protects your investment, avoids costly disputes, and keeps the countryside open for everyone who loves it. A little legal knowledge, applied early, goes a very long way.