Public Footpath across garden!

Ems*Honie

TRy asking on Gardenlaw, they have a whole forum dedicated to rights of way

Debt_Free_Chick

manhattan wrote: »

Actually the dog option is a pretty good idea!

Just get one of those ankle biters in the garden, and the locals wont even attempt it!

Apart from the risk of prosecution or committing a criminal offence (assault, dangerous dogs etc), landowners have a legal duty to keep public footpaths open, accessible and free from obstruction. Dogs that intimidate legitimate users of Public Rights of Way (PRoW) face (ultimately) enforcement action from the County Council, so this is really very poor advice, even if meant as "a joke".

This case does sound as though the PRoW is somewhat defective, though. I wonder if the intention was to redirect the footpath when the houses were built, but that this was overlooked?

Perhaps a call to the PRoW officer at the County Council would throw some further light on this, as they hold the definitive map of agreed PRoWs for the area concerned. You need the official definitive map - not any old OS map or plan for the property, as things could have changed since they were produced.

PRoWs are not usually as obtrusive as you might imagine. Many people don't even know they're there - but the RA would be a big concern. We have them opposing PRoW diversions in our Parish, even when the new route is no worse than, and in some cases more convenient than, the original route. They seem to have a policy of "objecting in principle" without considering the facts :mad:

Talk to the County Council - they might be more open if you have an "off the record" discussion with them, compared with an official "solicitor's letter".

Debt_Free_Chick

alfiedog wrote: »

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.

If the Right of Way is proven (i.e. definitive), then each landowner will be obliged to install a stile to cross any fences. The County Council will supply the materials at no or minimal cost, but installation and maintenance is the responsibility of the landowner.

Have a look at the Rights of Way advice sheet, using the link on this page. It explains the responsibilities of both the landowner AND the user.

HTH

manhattan

Debt_Free_Chick wrote: »

Apart from the risk of prosecution or committing a criminal offence (assault, dangerous dogs etc), landowners have a legal duty to keep public footpaths open, accessible and free from obstruction. Dogs that intimidate legitimate users of Public Rights of Way (PRoW) face (ultimately) enforcement action from the County Council, so this is really very poor advice, even if meant as "a joke".

Ok it was a poor joke, keep your knickers on

manhattan

Sometimes this site lacks a bit of a sense of humour

alfiedog_2

Thanks everyone for your advice. I am at a loss really what to make of it. The houses were built in 1950's or 60's and there is no evidence of the footpath that I can see anywhere. We are waiting from calls back from solicitor, highways dept and EA. We have to pay about £30 for an official report from the highways people apparently.
I also would have thought there would be mention of it in the title deeds but there is nothing.

keyser123

I think Ramblers are brilliant! You can't knock their commitment to their chosen pastime. They do think they should be able to walk where they like. Sometime's you can half expect them to come in through the front door saying 'Just making my way through your house to the field round the back'.

The suggestion of opening a lemonade stand was fantastic and made me chuckle!

MrsBartolozzi

I don't know if this only applies in Scotland, but when we moved in 5 years ago we were told about a similar right of way at the bottom of our garden. The people next door , and next to them (we are on the end IYKWIM) have owned their property for a minimum of 10 years, and so their strip of "right of way" belongs to them now. My solicitor told me that when the house is owned for 10 years straight by one person/s it will become "theirs".
We had no hesitation buying as the right of way only extends to our garden boundary and so noone would really want to use it, and it is fenced off - has been since before we moved here. (I don't know if one has to apply for this ownership, but am now interested so will find out)

MrsB.


Can anyone tell me where to go to search the land boudary/ title deeds. I am assuming my local council somewhere, but not sure on the department to look for. (everyone online charges money so am happy to trawl through papers myself)????

haka

Could be a definitive map error . there are many here in the mountains, paths going through lakes... most locally just end up at houses in the middle of nowhere - they were the route the postman took hence linking how they do.

but check the broarder picture of the area and it could be a cartogrophy error years ago.

rights of way office at local council should be best person to befriend and discuss the matter with.

littlesaint

I used to go walking a lot with my Dad when I didn't live in London and I sympathise with the ramblers. Ramblers are not litterbugs or peeping toms, the vast majority of those that would use paths like these just use them to get to more scenic countryside (not that I'm saying your garden isn't scenic). They will respect your property and will respect you if you allow them to use this right of way. The only reason they get militant on this is because of the creeping loss of rights of way. As for security concerns, I very much doubt that will be an issue because if this right of way is as obscure as you say it is, it will probably only be known to serious ramblers.