Right of way

[Suetheramble]

Does anyone know how long a path that is not a right of way have to be used for before it becomes a right of way?

[buildersmate]

I assume you are referring to a public right of way. Section 31 (1) of the Highways Act 1980 says that the use of any way should
have been "actually enjoyed by the public as of right and without interruption for a full period of 20 years". Subsection (9) of the Act then retains the Common Law facility of allowing a lesser period of use to indicate that a landowner must have intended to dedicate a path as a public right of way, but most cases involve the evidence of use over twenty years.
Evidence is collected by means of the completion of forms by people who have used the way for periods collectively totalling a period of twenty or more years. Each person need not have used the way for twenty years, but the total evidence must show that there has been no gap in the time during which use was made. There are various other considerations such as there shall not have been a challenge by the landowner to the use of the path.

A private right of way is different. It allows a specific landowner to pass across anothers land, but the period of time is at least 20 years.

[Suetheramble]

Thank you