Public Footpath across garden!

alfiedog_2

We have just found out that the property we want to buy has a public footpath across the back garden:eek: There is no evidence of it actually in the garden but the map with the search shows it marked as crossing about 6 houses including straight through one house's lounge!
Our solicitor has spoken to the Highways Dept and apparently there has been a six year tussle going on with Ramblers Association opposing any diversion even though I don't see how they can possibly climb over peoples fences etc to cross their gardens.
I am devastated as I really want the house but OH says he won't buy it now as will be difficult to sell in future. We have paid out £1600 in surveys etc and this will be lost as well as us being homeless as our sale is at late stage.
Trying to find out more info but does not look good. Anyone any advice or experience of this?

keyser123

My uncle has a similar problem on his property. The footpath gives access to next door's garden. I think there's an easement in the title so there's nothing he can do about it. It is strang though seeing people walk through the garden.

mystic_trev

These are ancient "rights of way" why should they be changed because of you? If there's no no evidence of it in the Garden it's rarely used, so what's the problem?

Romani_Ite_Domum

alfiedog wrote: »

We have just found out that the property we even though I don't see how they can possibly climb over peoples fences etc to cross their gardens.

You would be breaking the law to block a right of way. A lot of ramblers are very passionate about keeping rights of way open.

Negotiate on price of house and enjoy making new friends as they walk through your garden.

Romani_Ite_Domum

alfiedog wrote: »

We have just found out that the property we We have paid out £1600 in surveys etc

Not saying HIPs are good things but this is one thing that should upfront when looking at making an offer on a house.

Guy_Montag

Romani_Ite_Domum wrote: »

You would be breaking the law to block a right of way. A lot of ramblers are very passionate about keeping rights of way open.

Negotiate on price of house and enjoy making new friends as they walk through your garden.

Use it to your advantage - set up a lemonade stand (good moneysaving tip):D

lindens

The point is there shouldn't be fences that walkers have to climb over there should be gates or stiles. Either it will be moved and they will go at the bottom of the garden i presume, or it won't and anyone can walk along it through your garden whenever they want.
What a shame for you, you must be devastated at this late stage of the sale.

bap98189

Alfie, it's not a question of walkers having to climb fences etc. to walk along the footpath. If a footpath crosses you land, and you have erected a fence or similar, it is the responsibility of the landowner to ensure a style or similar device is installed and in good repair to enable people to walk along the path.

olly300

Where is the path in the back garden?

If it is along one side or at the back you can fence of that area. I walk and have walked along the back and side of people's gardens. Some people fence it off, normally with a fence about a foot high to make it clear where the path is, while other people don't bother at all.

alfiedog_2

Yes, I am devastated. I find it strange the house further up the road that is shown as having the path actually going through the house was allowed to be built over this path in the first place. Also, the houses are in a quiet lane which leads to the main road whidh is where this path also ends up so the ramblers could easily use the lane at the front rather than the gardens at the back.

Twopints

Romani_Ite_Domum wrote: »

You would be breaking the law to block a right of way. A lot of ramblers are very passionate about keeping rights of way open.

So why were the houses built there? Was permission given, in which case are those who gave it in the wrong, or were they built there without proper permission, in which case the developers would have been in the wrong.

Usually it is the Highways Authority's responsibility to stop rights of way being blocked, they are also responsible for maintaining a definitive map of rights of way. I think you need to find out from the Highways authority why the original build was permitted and whether at that time the right of way was on the definitive map. Did the Highways authority agree to close or divert the path? I think you also need to establish the nature of the dispute and what actions are still left open to the Highways authority or the Ramblers association/other objectors.

Then make your decision.

:beer: