How to Remove Public Footpath

captainhindsight_2

Hello

I live in a very rural location with a large garden, which has a public foot path going through it.

When I bought it, it didn't really bother me because I'm in the middle of know where and I thought no one would use it any way.

I know I can have the foot path removed or moved but no one has used the foot path since I moved in a few years ago so I haven't bothered.

But this last couple of weeks some rambling group has starting using it, I politely asked them if they could use a different route to which they replied 'but it's one of our favourite bits walking through your beautiful garden'

I wanted to know if anyone has any experience removing or just moving public footpaths and if they had any tips of what to do.

I am a bit worried that the rambling police will try and block it out of principle even though it has been unused for years until recently.

PasturesNew

It's pretty impossible .... rich/famous people with more money than you have tried in the past, even to get it rerouted round their land.

What you bought was really two parcels of land .... one either side of a footpath.

You're stuck with it really..... unless you do what this bloke did: http://www.westerndailypress.co.uk/Heavy-metal-strikes-discordant-note/story-21081979-detail/story.html

[Deleted User]

I think you need to do more reading. Try http://www.horseandhound.co.uk/forums/archive/index.php/t-444889.html

There are quite a few others if you google 'how to remove public footpath'. I shall say no more on that point lol!

Wrong assumption number one: 'I know I can have the foot path removed or moved'.., you MAY be able to but its a long and involved process with no guarantee of success.

princeofpounds

you likely don't have much of a hope of removing it. Not so sure about moving.

the ramblers probably came through to preserve the footpath. don't ever give them a hint you would like to close it, they'll just start using it more to check you don't.

NewbuyerNE

I recently went walking and a footpath which previously ran through a farm had been closed - whether legally or just by the owners we don't know but we read the sign that had been put up and respected it by going around the perimeter.

PasturesNew

NewbuyerNE wrote: »

I recently went walking and a footpath which previously ran through a farm had been closed - whether legally or just by the owners we don't know but we read the sign that had been put up and respected it by going around the perimeter.

Do you respect muggers when they stop you in the street? I'd have at least Googled it when I got home.

AdrianC

captainhindsight wrote: »

I live in a very rural location with a large garden, which has a public foot path going through it.

When I bought it, it didn't really bother me because I'm in the middle of know where and I thought no one would use it any way.

Your user name must be feeling very appropriate.

I know I can have the foot path removed or moved but no one has used the foot path since I moved in a few years ago so I haven't bothered.

There are ways to get a right of way closed or diverted, but they aren't easy - and you'll need a better reason than "I don't like people using it."

But this last couple of weeks some rambling group has starting using it, I politely asked them if they could use a different route to which they replied 'but it's one of our favourite bits walking through your beautiful garden'

Fair - and polite - enough. A more robust, but perfectly valid, reason may have been - "Very sorry for any inconvenience, but we do actually have every legal right to use this right of way."

I wanted to know if anyone has any experience removing or just moving public footpaths and if they had any tips of what to do.

The previous occupants of this house had a long and stressful battle to just get the footpath diverted minimally, in order to build an extension. And when I say "minimally", I mean "feet".

I am a bit worried that the rambling police will try and block it out of principle

You need to convince the council to apply for an "Extinguishment of Public Path" order from the Secretary of State for Transport, under the Highways Act 1980, s118
http://www.iprow.co.uk/gpg/index.php/Extinguishment_of_Public_Paths
http://www.legislation.gov.uk/ukpga/1980/66/section/118

Until you do that, you could be prosecuted for blocking access to the right of way.

even though it has been unused for years until recently.

You _believe_ it to have been unused. Either way, not relevant.

AdrianC

NewbuyerNE wrote: »

I recently went walking and a footpath which previously ran through a farm had been closed - whether legally or just by the owners we don't know but we read the sign that had been put up and respected it by going around the perimeter.

Temporary diversions/closures are fairly common - but are legally limited to six months.

skivenov

About the most you can do is place a fence and a stile at each end and two fences or hedges to obscure the lovely view of your garden.

Sunshine101

It sounds like you purchased a "burdened property". What we did with a burdened property, was to do an online search for universities that offered law degrees. From that, I read through all the profiles of the solicitors who trained the law students to see who taught burdened property law or had an interest/ research in burdened properties. I then made contact with them directly as some of them do have private practices outwith their university contract. That way you guaranteed to get a top notch solicitor who specialises in burdened properties. Its well worth the money!!!!!

Running_Horse

Sounds like the footpath is far from disused.