Access to school field?

QTPie

We have had an offer accepted on a house (horray). At the end of the garden is a gate from the garden into a little used (private) school playing field (not connected to school buildings). The gate was put in 30/40 years ago (by the previous owners). Apparently the field is used by dog walkers etc. A few of the neighbours have a similar gate (although I don't believe that they were put in at the time of construction).

Has anyone experience of this? Access rights? It sounds a bit funny: having a gate onto privately owned land.

Davesnave

If the gates have existed, been used without challenge for 20 years and this can be clearly established, it would probably be difficult and costly for the school to deny access.

As someone who used to have the 'pleasure' of nocturnal dog walkers using the school pitch I taught on, I know it's probably the last thing the school would want. However, if it's only a few responsible householders who can get in, then the status quo may well be maintained. Schools rely on neighbours for out of hours security in places like that.;)

Congratulations on having your offer accepted.

somethingcorporate

Ask your solicitor, this is what you are paying them for.

I agree with the above post but you have no come back on us for getting it wrong!

harrys_dad

Most school fields have signs up saying "no private right of way" or similar. Schools always hate dog walkers for the reasons given above, but if they have taken no action yet they may not be bothered.

Davesnave

harrys_dad wrote: »

Most school fields have signs up saying "no private right of way" or similar. Schools always hate dog walkers for the reasons given above, but if they have taken no action yet they may not be bothered.

What 'action' could they take?

I suppose they might cordon off actual playing areas on H&S grounds, but we are possibly talking about a prescriptive right of way here. If established, it's not something the school would challenge on a whim.

https://wards.uk.com/2011/02/when-is-a-right-of-way-not-a-right-of-way/

Lemoncurd

The house we have just purchased has a similar setup but with a gate opening into a public Local Authority owned park. Our solicitor gave a very similar response to Davesnave and didn't seem to think that it was something which needed any further investigation.

DominicJ_2

Is the worry not that the right of way goes both ways?

Davesnave

DominicJ wrote: »

Is the worry not that the right of way goes both ways?

Not unless the pupils have been bunking-off sport to smoke in the shrubbery for over 20 years.

Exactly what we did when I was at school, but difficult to prove, especially as they'll deny it! :rotfl:

QTPie

Thanks everyone (and especially Davesnave ).

We don't have a dog (so no chance of fouling for us), but going across the field would give easy access to a number of lovely country fields to walk the small boy...

General public have "access" to the field from the main road - I think that is where the dog walkers come from. High fence, solid gate, bolt and (if not there already) padlock for security reasons I think.... It is a great area, but any exit from the property can be a potential entrance (especially if it is quiet and not overlooked) and a potential security risk...

Davesnave, it is early days with the offer (been accepted and we are just starting proceedings): hopefully it will go through without a problem

carefullycautious

I lived in a property that backed onto privately owned fields that was a regular haunt for dog walkers and a few of us had gates discreetly fitted never had a problem and the little ones loved playing out.

Dog fouling was a big issue though for the groundsman but was mainly from outsiders coming onto the field.

QTPie

Thanks very much.

Looks like a positive amenity (used considerately and discreetly), but will definitely raise with solicitor.