Public Footpath across garden!

Debt_Free_Chick

kingkano wrote: »

It was both to be honest and also to clarify the point I guess. Very succinctly explained!

Sorry - I think I'm a bit menopausal at the moment

If an RoW goes through a dwelling, then the dwelling must have been there first. So, to establish an RoW, the "Public" must have been allowed to walk the route for ....? (memory here, not sure ...) 20 years without obstruction.

It's highly unlikely that any member of the Public could have walked through a dwelling, along a proposed RoW, without challenge for that length of time.

Therefore .... it's unlikely that an RoW goes through a dwelling. More likely that the dwelling was constructed after the RoW was established and that the intention was to re-route the RoW around the new dwelling.

New Point - if you have an RoW on your land (or through your property!) then you can apply to have it diverted. However, as the RoW already exists on your land, it is for you to show where (over your land) the new route should be.

Your only obstruction then is the blasted RA :mad: who (as I've said before) seem to simply object, without looking at the circumstances. :mad:

TJ27

keyser123 wrote: »

Imagine sitting in your garden one Sunday afternoon and a dozen or so ramblers start walking through! You'd hit the roof right of way or not.

I've had experience of this and actually the opposite was true. We have friends in Gloucestershire who have a very popular right of way going throught their back garden. The first time we visited, several walkers crossed their garden while we played with the kids. Far from being angry, we all just had a chat and even offered them a drink of squash. My mate maintains the stile over his fence now and then. I think it's quite nice really and I certainly see no reason for hitting the roof.

I have another friend who used to live in Beckenham. He had a right of way going across his back lawn and had to maintain gates on both sides of the garden, just in case anybody wanted to use it. Nobody ever did for the three years he lived there.

I think in general I'm all in favour of keeping rights of way open.

alfiedog_2

Well the ramblers would have to go through about 10 gardens to use this right of way, so quite a lot of gates to open and close! Also, I would worry about my Jack Russell's reaction to a load of strangers appearing suddenly in the garden!

TJ27

Yes, my mates house in Beckenham was in the middle of a terrace of about ten houses too. Perhaps that's why nobody used it. Well not to his knowledge anyway. They might have come through while he was out I suppose.

BobProperty

haka wrote: »

Could be a definitive map error . .....

Talking of map errors and sense of humour, have you heard about this one:
Go on Google; Maps; Get Directions. Start New York. End Paris. (It allegedly works for other major destinations) Read the steps carefully especially around the low 20s.
Enjoy.

TJ27

Aye, I saw that e-mail that went around Bob. There was a French chap who actually did that about ten years ago though, so it's not as daft as it sounds. I think a few others have done it since too.

Biggles

I wouldn't let it put you off buying. I seems it hasn't been a problem for 50 years, so is hardly likely to become one now.

Having said that, you do want it sorted, have you tried talking to your future neighbours and putting up a united front, telling the council 'Time this was fixed'?

BobProperty

Could be awkward if your sat nav gives the same answer though.

silvercar

Biggles wrote: »

I wouldn't let it put you off buying. I seems it hasn't been a problem for 50 years, so is hardly likely to become one now.

That is the point that is often missed in house buying. There is no reason to assume that the new owners will not be able to enjoy the property in exactly the same way as the current owners. Rights of way, building regs (or lack of), unadopted roads etc don't change just because a house has new owners!

manhattan

Debt_Free_Chick wrote: »

What knickers?

I like you, you cheeky girl!