House about to go on the market: Dealing with Footpath and Kitchen issues

New2Forum

The annexe does have separate Council Tax (but not dating back to 2008). It also has its own electricity and telephone if relevant at all (Water supply is shared)

New2Forum

Is there a time limit on footpaths? If it is clear that a footpath (at least the section that went through brick walls) could not have been used for over 60 years, at some point, does it just "expire"?

Mojisola

https://www.gov.uk/public-rights-of-way-landowner-responsibilities
Obstructing a PROW is a criminal offence. Highway authorities have the right to demand that any obstruction you cause be removed. If you don’t they can remove the obstruction and recover the costs from you.

lincroft1710

New2Forum wrote: »

With regards to the kitchen - it was put in by the people living there at the time (a grown up foster child and her boyfriend)

So did you agree to this or was the work carried out without your knowledge. Any new plumbing/drainage, gas or electrical work should comply with and have building regs approval.

moneyistooshorttomention

Mojisola wrote: »

https://www.gov.uk/public-rights-of-way-landowner-responsibilities
Obstructing a PROW is a criminal offence. Highway authorities have the right to demand that any obstruction you cause be removed. If you don’t they can remove the obstruction and recover the costs from you.

That is my understanding of the law on footpaths (as someone who is very keen on keeping footpaths open and we have been told this). I haven't heard of the law specifying the nature of the obstruction, ie "You may not obstruct it with a bush...but you can obstruct it with a building".

As far as my knowledge of the law goes its immaterial what the nature of the obstruction is.

Probably your best bet now is to offer an alternative (nearby) bit of ground for access between one part of the footpath and the rest of it (eg walkers walking around the annexe) and hope the offer will be accepted because, if it isn't, then you do have a major problem on your hands.

stator

OP have you actually checked the local authority maps of public footpaths to see if it's on there?

moneyistooshorttomention

stator wrote: »

OP have you actually checked the local authority maps of public footpaths to see if it's on there?

It's called the "Definitive Map". Each county has one as I understand it.

Davesnave

I don't believe a local authority is going to waste money by taking action to insist a footpath, unused for 60 years, is now re-established through someones living room, or whatever. As people would be quick to point out, there's a shortage of homes, and that isn't a good reason to destroy one.

The solution lies in re-routing the footpath elsewhere through the property's gardens, which would provide a benefit to walkers, assuming there are some at a future time.

Having a footpath in the garden isn't the end of the world, especially one this infrequently travelled!

Davesnave

moneyistooshorttomention wrote: »

It's called the "Definitive Map". Each county has one as I understand it.

Yes, and they are checked and updated 'from time to time.' Our Parish Council is checking and amending the local ones in the light of usage and with reference to ancient maps.

I'm willing to bet that it could easily be 60 years since they last did this.

All the local footpaths have been given public notices, like planning applications, and they've been loaded onto web pages too. Not everyone has been happy about this, of course!

moneyistooshorttomention

I can understand that. Some of them are rather a topic of running battles around here. Must take my OS map with me next time I see the Footpath Queen round here (ie to ask her about it), having got more than a little confused when I found a diversion sign up on a footpath the last walk I had, with no sign as to where to continue on the footpath on the one hand but the footpath IS there on the OS map as definitely existing. For some strange reason dogs appeared barking at that point...but no person:cool: