In April this year the government published this long awaited Bill, promising greater protection for wildlife and the creation of a number of nature reserves. The Bill also proposes to create a new 'right to roam' around the English coastline.

The proposed legislation will create a 2,500 mile trail along the coast and onto surrounding land to, where necessary, take access to a suitable boundary or other physical feature allowing members of the public to carry out normal recreational activities such as walking, bird-watching, climbing or running around the English coastline. It is unlikely however to permit the public to cycle, horse ride or drive any vehicle (other than a mobility scooter or buggy) or to camp on this type of land.

The Bill has been widely welcomed by many in the environmental community and leisure groups such as the Ramblers Association, as it will open up some of our most impressive and beautiful countryside and wild spaces for all to enjoy.

However, as was made clear by Natural England, the government's adviser on the natural environment, this does mean that home owners may well find that part of their land or garden has been opened up to members of the public through their right to roam.

Estimates suggest that up to 4,300 private homes and 700 estates and parks will be affected by the proposed legislation, and with the value of these homes expected to drop anywhere up to 20 per cent it is perhaps not surprising that affected home owners are expressing some concern.

If you have a beachfront or coastal property, the public may already have rights across it. Many people are not aware that there are in fact different types of rights of way. There are footpaths, which are open for use by walkers only. There are also bridleways which may be used by cyclists, horse riders and walkers, and what are known as Byways Open to All Traffic (BOATs) which are open to all walkers, cyclists, riders and motor vehicles.

"Estimates suggest that up to 4,300 private homes and 700 estates and parks will be affected by the proposed legislation... the value of these homes [is] expected to drop anywhere up to 20 per cent."

However, the right proposed by the Marine and Coastal Access Bill will be more similar to the right of access over countryside and common land - the right to roam - introduced through the Countryside and Rights of Way Act 2000 that gives the public access to mapped areas of moor land, mountains, down land, heath land and registered common land. If you are buying a property your solicitor should ask (as part of their enquiries of the Local Authority) whether there are any rights of way or access that affect the property.

In certain circumstances it is possible to obtain permission to divert a right of way, but this is not an easy process, is potentially expensive and may not be successful. If you are considering buying a property and there is a right of way across it you may consider visiting the property at different times to see if the rights of way are being used and you should ask your solicitor to ask the seller's solicitor to enquire of the sellers how often the rights are exercised.

However if it is a coastal property that you are considering, look at potential coastal access very carefully, and keep in mind that no uniform width is currently proposed for the coastal access corridor.

Details on how the new coastal trail outlined is to be implemented are still being discussed and decided. There is uncertainty about whether homeowners will be compensated for the loss of privacy they will experience and the duty of care they will owe to their visitors if, for example, they suffer a fall or are harmed by livestock. There are also conservation concerns, especially where the coastline is subject to erosion.

Buyers and sellers looking at coastal property will not only need to take into account any current rights of way, but think carefully about the proposed Marine and Coastal Access Bill. The potential loss of privacy may well affect the value if the property and could lead purchasers to think twice about purchasing at all.

Elizabeth Alibhai is a solicitor specialising in residential and commercial property at law firm Boodle Hatfield. She can be reached on 0207 079 8289 or by email: ealibhai@boodlehatfield.com