We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Public Footpath in Property - Help

laurelo Posts: 3 Newbie

17 November 2008 at 9:16PM in House buying, renting & selling

Hi - I am hoping someone will be able to help me.

I bought a property not too long ago and am now selling it due to a change in circumstances. I have found a buyer, however their solicitor has unearthed the fact that we have a public footpath going through our property. This wasnt found by the solicitor I used (they have admitted they missed it). We have been looking into how to get this resolved and I understand it can take a while to redirect the paperwork at the council (the actual path was physically redirected by the developer some 25 - 30 years ago when the properties were built. However, I would like to get this resolved asap because obviously I do not want to lose my buyers ... does anyone know of a company who would provide indemnity policy for this type of situation or how I can get it resolved any other way?
Help would be very much appreciated.

Comments

frugallass Posts: 2,320 Forumite

17 November 2008 at 9:27PM

*jumps in thread*

wow, imagine that, watching Corrie and suddenly half a dozen ramblers come sauntering throught your living room

*exits thread*

(sorry)

0
geoffky Posts: 6,835 Forumite

17 November 2008 at 9:56PM

http://www.insuredrisks.co.uk/index.jsp?referrerID=google_professional_indemnity&gclid=CKj01u6M_ZYCFQXO1Aod9GzMXQ

never heard of them or used them but worth a check

It is nice to see the value of your house going up'' Why ?
Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
If you are planning to upsize the new house will cost more.
If you are planning to downsize your new house will cost more than it should
If you are trying to buy your first house its almost impossible.
0
SkipE Posts: 295 Forumite

17 November 2008 at 10:00PM

I remember something similar with a pub and a rights of ways officer at the council said if you can prove that no one has used the footpath for something like 15 years then it fails to be a public footpath. I honestly cant remember how long he said but maybe speak to your local council about it. Sorry not much help.

0
musey Posts: 417 Forumite

17 November 2008 at 10:04PM

I'd visit the garden law forums, there seem to be quite a few questions like this on there.

Best of luck

http://www.gardenlaw.co.uk/phpBB2/index.php

0
giggity Posts: 78 Forumite

17 November 2008 at 10:42PM

I think you can apply to the local council to have it decommissioned (for a fee) if its not in use. Do you have any neighbouring properties that would put an application in with you?

You might come up against the ramblers association as they lobby local authorities to keep footpaths open.

0
silvercar Posts: 49,897 Ambassador

17 November 2008 at 10:44PM

Shouldn't the solicitor who "missed it" be sorting this out for you, quickly, and compensating you for any loss resulting from their error.

I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
0
olly300 Posts: 14,738 Forumite

17 November 2008 at 11:03PM

I have gone one walks where the public foot path use to go into someone's garden. (I only know because of the people I've gone with.) The foot path has been redirected to around the edge of the garden and it's been fenced off from the garden. However you can only do this if the garden is a reaonably large size.

And yes you should be getting compensation from the solicitor's firm who missed this obvious fact.

I'm not cynical I'm realistic

(If a link I give opens pop ups I won't know I don't use windows)
0