If you have ever used a path, driveway, track, or access route over someone else’s land for years without any objection, you may already have legal rights over it — even if nothing is written down. These are known as prescriptive rights, and they play a crucial role in UK property law.
Prescriptive rights often come up when buying or selling property, resolving neighbour disputes, or registering land. Many people only discover their importance when access is questioned or challenged. This article explains prescriptive rights in simple terms, why they matter, and what you should do if they affect your property.
What Are Prescriptive Rights?
Prescriptive rights are legal rights gained through long, uninterrupted use, rather than through a written agreement or deed.
In property law, these rights usually take the form of easements — rights enjoyed over someone else’s land. Common examples include:
- A right of way over a neighbour’s driveway
- Access across a private track
- Drainage or sewerage passing through nearby land
- Rights of support or services
Unlike rights created by a legal document, prescriptive rights arise because of how land has been used over time.
What Is An Easement?
An easement is a right that benefits one piece of land (your land) and burdens another (your neighbour’s land).
Most easements are created formally by a deed and registered against the property title. These are known as legal easements, and they “run with the land”, meaning they pass to future owners automatically.
But not all easements are written down. In rural areas especially, access routes and drainage systems have often been used for decades without paperwork. This is where prescription becomes important.
What Does “Prescription” Mean In Law?
In simple terms, prescription means gaining rights through long use.
The law recognises that if you have openly and consistently used someone else’s land for a long period — and the owner has not objected — it would be unfair for them to suddenly stop you.
To qualify as a prescriptive right, your use must be:
- Without force
- Without secrecy
- Without permission
These principles are often summed up by the Latin phrase:
Nec vi, nec clam, nec precario
(Not by force, not in secret, not by permission)
How Long Does It Take To Gain Prescriptive Rights?
In most cases, you must show at least 20 years of continuous use.
This does not mean daily use, but the use must be regular and consistent, and in the same manner throughout the period.
For example:
- Using a driveway whenever you need access to your home
- Allowing drainage to flow continuously into a neighbour’s ditch
- Walking across land as the only practical access route
If the use stops, or if the landowner successfully interrupts it, the clock may reset.
What If You Had Permission?
This is a key point many people misunderstand.
If the landowner gave you permission, you cannot usually claim prescriptive rights. Permission means the owner has not lost their right to object — they have simply allowed the use.
Even informal or verbal permission can prevent a prescriptive right from arising. This is why landowners sometimes grant written licences: it protects their position.
Why Prescriptive Rights Matter To You
Prescriptive rights are not just a technical legal concept. They can have real-world consequences, especially when:
- You are buying or selling property
- Access to your land is questioned
- A neighbour disputes your right of use
- You are registering land for the first time
If your property relies on access over someone else’s land, the absence of a recorded right can delay sales, reduce value, or even make a property unmortgageable.
Prescriptive Rights And Land Registration
This issue has become more common as more land across the UK — particularly in Scotland — is being registered.
Prescriptive rights exist whether they are registered or not, but failing to record them can create serious problems later.
When land is registered:
- Any existing rights should be properly declared
- Missing rights can result in an inaccurate register
- Correcting errors later can be costly and time-consuming
Under modern land registration systems, much responsibility lies with you and your solicitor to ensure the information provided is accurate.
How Do You Prove A Prescriptive Right?
Even though evidence is not always submitted during registration, you still need it.
The most common form of evidence is an affidavit — a sworn statement confirming long-term use. These are usually provided by:
- Current or former owners
- Long-term occupants
- Neighbours or employees
Because of data protection concerns, registries may prefer that affidavits are kept on file, rather than lodged.
Why Evidence Can Be Hard To Gather
Proving 20 years of use is not always easy.
You may face difficulties if:
- The property has changed hands several times
- It is owned by a company or organisation
- Employees or occupiers have come and gone
- Records were not kept
In these cases, you may need multiple affidavits to cover the full period. This can become a project in itself.
If your property depends on access and the 20-year mark is approaching, it is wise to start “banking” evidence early.
Getting Prescriptive Rights On The Register
Once sufficient evidence exists, registering prescriptive rights is usually straightforward.
You or your solicitor will need to:
- Confirm the existence of the prescriptive right
- Clearly describe the nature of the right
- Provide a compliant plan if the route needs mapping
The land registry does not usually investigate the claim at this stage. Instead, it relies on the accuracy of the application.
This is why professional care is so important.
What Happens If Prescriptive Rights Are Missed?
If a prescriptive right exists but is not recorded:
- The register becomes inaccurate
- Problems may arise during a sale or dispute
- Fixing the issue later can be expensive
In some cases, correcting the register requires a court declarator confirming the existence of the right. If defended, this could cost tens of thousands of pounds.
Simply put, it is far better to get it right the first time.
Do Prescriptive Rights Affect Neighbours?
Yes, they do.
If your neighbour acquires a prescriptive right over your land, you may lose the ability to object to that use. This is why landowners should:
- Monitor how their land is used
- Challenge unauthorised use early
- Grant written permission where appropriate
Doing nothing for decades can result in permanent legal rights being created.
Prescriptive Rights When Buying Property
If you are buying property, prescriptive rights deserve close attention.
You should:
- Check how the property is accessed
- Ask whether access relies on long use
- Ensure rights are properly recorded
- Understand any burdens on the title
Do not assume that “it’s always been used” is enough. Mortgage lenders and buyers will want certainty.
Key Takeaways For You
To summarise:
- Prescriptive rights arise from long, open, unchallenged use
- They usually require at least 20 years
- Permission prevents prescriptive rights
- Rights exist even if not registered — but this can cause problems
- Evidence is essential, even if not submitted
- Missing rights can be very costly to fix later
Understanding prescriptive rights helps you protect access, avoid disputes, and safeguard your property’s value.
Final Thoughts
Prescriptive rights are a classic example of how the law balances fairness and practicality. They reward long-established use while encouraging landowners to protect their interests.
If your property relies on access or services over someone else’s land, do not ignore it. Taking the time to understand and properly record prescriptive rights now can save you significant stress, delay, and expense in the future.
If you are unsure, speaking to a property solicitor early is always a wise step.