Public footpath fenced off - Council not interested

irritated-homeowner

I live in a 1980s cul-de-sac which has a short footpath between houses at the other end of the street, which gives access to the nearest main road, station etc. The footpath has not been adopted by the council, and is owned by one or more of the adjacent homeowners.

The deeds of the estate include covenants about where fences can and cannot be erected, and clear from the deeds and associated plans that the footpath, which has been used as the main access for pedestrians for 30 years, must be kept open without obstruction. (Which according to what I can find out online makes this a public right of way under (English) common law).

However, one of the adjacent houses has put a fence across the path, creating a private space out of the path and closing it off as a pedestrian route, contrary to both their covenant and to the common right of way law.

The duty to enforce the right of way stands with the Council according to advice on the Ramblers Association website; accordingly I wrote to the Council and asked them to take enforcement action, but they have said they can't, as it isn't public highway. This contradicts what I've read elsewhere, but as thing stand they are not interested in enforcing it. So meanwhile everyone in the street now has a longer walk to the station, bus stops, schools etc., so it does have an impact on us. As the homes were built as an estate with common covenants I believe we are beneficiaries of them and could take court action.

However that obviously costs money, and I am loathe to get into potentially expensive court action over the covenant when actually the Council has a duty to enforce the right of way law but cannot be bothered to do so.

I would be very grateful for advice on the best way forward. Many thanks!

penguingirl

Are the houses leasehold? Just wondering if you could persuade the leaseholder (if there is one) to write a letter?

maninthestreet

Have you contacted your local councillor (not just the council highways department).

BornAtTheRightTime

Your parish council might be interested and can escalate it with the district / county council / MP and/or mediate with the neighbour.

irritated-homeowner

Art Contrary - no I haven't, and I'm not sure exactly who is responsible - there are four properties accessed off the path so it could be any (or all?) of them who were involved in putting the fence at the end, and none of them are known to me - I'm quite a way up the road.

Penguingirl - I think they are freehold, although I can't be 100% sure; my house is and they were built at the same time as part of the same development.

irritated-homeowner

Re: the Councillor: yes I have copied in one of my councillors who sounded interested at first, but hasn't followed up after the officer declined to get involved; I wanted to know more about where I stand really before pushing it too hard with him.
Art Contrary - yes I should really, I figured I'd rather the council sort it out rather than potentially get some abuse off someone whose house I will walk past daily (assuming it's fixed!) if they don't take kindly to it. I don't think it's possible not to realise the inconvenience - they clearly just don't care about it and have very deliberately closed it off, hence I don't expect a friendly reception to someone pointing it out! Figured a letter from the council would carry more weight than a random person complaining about it.

lincroft1710

I think the reason the council will not get involved is because the footpath has not been adopted by the council and has not been declared to be a public footpath.

If the council are unwilling then the only people capable of enforcing the covenant are the makers of the covenant whom I would presume are the builders and I doubt if they would be interested.

How many households are actually (as opposed to potentially) affected by the footpath blockage.

Landofwood

Do you have a saw?

mrschaucer

Apply to have it made a public footpath using the appropriate forms. I agree that it sounds a long winded process, but the council can't refuse if all the appropriate evidence is there. Your council should have an information page like this showing you what to do.
http://www3.rbwm.gov.uk/info/200215/rights_of_way/469/public_rights_of_way_forms/2

Freecall

Highways won't be interested if it not adopted but that does not mean that all is lost.

You need to speak to your PROW Officer (Public Rights of Way) who you should find at your second tier council - that will be the one you pay your Council Tax to, probably District or Borough depending where you live.

Even if they come back and say it is not registered as a right of way, you will know how to move things forward.

System

Is the path mentioned in your deeds?

If so and it is also in the deeds of other houses or even in the overall deeds of the estate then any application to make it public would be frustrated as you have been given permission to use it.

Landowners can successfully rebut a claim if they can prove that either the way was used with their express permission only, or that they have otherwise prevented the 20 year period from accruing by effectively restricting access, or by erecting notices to counter any suggestion that there was any intention to dedicate the route as a public right of way.

You would need to find 20 years evidence from people who do not have the right