Some investigation will be required. If it can be shown that the owners of the land have been using the footpath freely and without force or permission for at least 20 years then you may be able to claim a right of way by prescription. <p></p><p> But you must check the way in which the footpath has been used as the right of way that could be claimed could only be for the purpose in which it has been used consistently over the past 20 years. </p><p> Therefore, if the footpath has been used by a farmer to gain pedestrian access to his field for agricultural purposes, this may be the extent of the claimable right of way meaning the actual owner of the footpath could prevent the footpath being used by plot purchasers after the development of the field. </p><p> If the footpath is critical to your development, an application to register the right of way at the Land Registry could perhaps be made before you complete your purchase. In order to make this application you would need to obtain confirmation of the use of the footpath from the seller in a statement sworn before a solicitor or commissioner …