Claiming land

moneyistooshorttomention

You don't "believe its your driveway". You know very well its a public footpath.

Presumably you knew its a public footpath at the time you bought the house.

I wish good luck - to your neighbours.

shan81

I now know its not legally my driveway but was not aware when i bought it. Down to my own naivity i suppose. ( was very young)
Also not aware of the right of way laws as this is completely new to me. Il be contacting a solicitor today
Thanks to you who've been helpful whether its what i wanted to hear or not.
those getting on their high horse, "don't" choke on your breakfast

Davesnave

shan81 wrote: »

Also not aware of the right of way laws as this is completely new to me.

those getting on their high horse, "don't" choke on your breakfast

Basically, if it is a genuine right of way to the other properties, fencing it off, or trying to prevent access is depriving other owners of their rights. If the right is mentioned in their properties' title documents, nothing will make it go away, except another legal document.

In some places these back lanes have become largely disused, especially since the [STRIKE]dustbin men[/STRIKE]refuse disposal operatives no longer go down many of them and people often use cars for short trips. This is may be why the walkway became un-valued by those with the right to use it, and how the previous owner got away with blocking it.

Some who reply on these forums may give their personal opinions, but that's what happens with free speech on an open forum.

System

A Public Right of Way cannot be extinguished simply by claiming it and obstructing it, and there is no time limit.
A ROW exists regardless of what the council does - they are merely the authority that is supposed to be maintaining it, but any member of the public has a right to remove obstructions that impede their use of their right.

Please understand that a ROW has nothing to do with ownership of the land, so it is impossible to claim it by adverse possession. You might claim the land, but that does not give you ownership of the rights that exist over it.

Your solicitor/conveyancer should have advised you of this when you bought the property.

stator

shan81 wrote: »

I now know its not legally my driveway but was not aware when i bought it. Down to my own naivity i suppose. ( was very young)
Also not aware of the right of way laws as this is completely new to me. Il be contacting a solicitor today
Thanks to you who've been helpful whether its what i wanted to hear or not.
those getting on their high horse, "don't" choke on your breakfast

Take a look at your title plan from Land Registry and see exactly what the status of the land is