Changing a right of way

xmillyx

Hi all,

I just wondered if I might be able to tap into some of the wisdom on this board! We've recently bought our first home. It's in a lovely quiet location, set well back from the road.

One downside (but not a big enough deal to put us off buying!)

In our mortgage deeds it states "access on foot only" which is fine as we can walk the 10m from the car (parked on the road), along a footpath to the house.

However several of our neighbours have created a "private road" and can therefore park outside their house (where there is ample room) which stops one house along from us. I'm not sure if this was done formally.

Our next door neighbour has discussed this with us and is also keen to get access by car. My question is how would we go about changing this access? Would it be the council, solicitors, neighbours or both?

It would need to be tarmaced and a concrete pillar removed.

I think the land the footpath is on is council owned if that makes a difference but we are responsible for maintaining the section outside our property.

As I mentioned it's really not a problem how it is at the moment, but I'm just thinking if we plan to sell on in 5/10 years time it will be good to have an understanding of what the process would be.

Many Thanks for your help.

EachPenny

xmillyx wrote: »

Our next door neighbour has discussed this with us and is also keen to get access by car. My question is how would we go about changing this access? Would it be the council, solicitors, neighbours or both?

It would need to be tarmaced and a concrete pillar removed.

I think the land the footpath is on is council owned if that makes a difference but we are responsible for maintaining the section outside our property.

You'll need to find out who owns the land first. Generally speaking footpaths (public rights of way, PROW) cross land owned privately, with the Council only responsibe for ensuring the public right to use the pathnis maintained.

In most cases it is illegal to drive and park on a PROW, which is possibly why you have a concrete bollard in the way. However, a landowner is entitled to drive on a PROW which is on their land. If you can demonstrate that you own this piece of land (which might be suggested by your maintenance responsibility) then it should only be a case of confirming with the council that you intend to use your rights - and probably negotiating with them over making sure this can be done safely without affecting the public rights to use the path.

If someone else owns the land then the situation get more complicated.... which is why you need to get the ownership clarified first.

EachPenny

EachPenny wrote: »

If someone else owns the land then the situation get more complicated.... which is why you need to get the ownership clarified first.

I should add that if the land the path is on does belong to you then it raises another issue - although you'd be able to drive on your part, you'd need to drive over your neighbour's land in order to get to yours. Although your deeds might give you rights to cross by foot, and if it is a PROW you'd have that right anyway, there still wouldn't be a right to access your property with a vehicle.

You'd be looking at negotiating between all the neighbours involved to make the road/track a shared access. Those nearest the road might want money in return for giving you something you don't already have, but if they are nice people then they might be willing to come to some arrangement on the basis of sharing the maintenance costs.

xmillyx

EachPenny wrote: »

You'll need to find out who owns the land first. Generally speaking footpaths (public rights of way, PROW) cross land owned privately, with the Council only responsibe for ensuring the public right to use the pathnis maintained.

In most cases it is illegal to drive and park on a PROW, which is possibly why you have a concrete bollard in the way. However, a landowner is entitled to drive on a PROW which is on their land. If you can demonstrate that you own this piece of land (which might be suggested by your maintenance responsibility) then it should only be a case of confirming with the council that you intend to use your rights - and probably negotiating with them over making sure this can be done safely without affecting the public rights to use the path.

If someone else owns the land then the situation get more complicated.... which is why you need to get the ownership clarified first.

Hi EachPenny - wow thank you so much for this information! How would I find out who owns the land? I've got our title deeds and map but it looks a bit vague.

I've just dug out the contract pack from the solicitors and it states:

e) A right of way (on foot only) for the Council its successors in title tenants and licensees over and along the passageway shown coloured blue on said plan for the purpose of access to and egress from the adjoining properties.

I'm just getting a bit confused from all the legalese! Our house is an ex-council house so not sure if that has any relevance.

I think we should be OK getting permission from our neighbours I just want to make sure we do everything above board as I don't want it to come back to bite us should we sell in the future! Thank you so much for your help!

wheelz

Once you've clarified the ownership and you are going ahead with it this might be helpful: https://www.planningportal.co.uk/info/200130/common_projects/45/paving_your_front_garden

You're better off using permeable (or porous) surfacing which allows water to drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally. You might need permission if using traditional tarmac. For drobbed kerb apply for certificate of lawfulness. See your council's website.

G_M

Just to be sure, what you need to be reading is the LR title. If you don't have it, pay £3 (+£3 for the Plan) here.

xmillyx wrote: »

I've just dug out the contract pack from the solicitors and it states:

e) A right of way (on foot only) for the Council its successors in title tenants and licensees over and along the passageway shown coloured blue on said plan for the purpose of access to and egress from the adjoining properties.

I'm just getting a bit confused from all the legalese! Our house is an ex-council house so not sure if that has any relevance.
It is worded like this because the properties used to be council properties. So the ROW was granted to the council, and to the council tenants.

Stricty speaking, you have no ROW since
- you are not the council
- you are not a council tenant
- you are not a council licencee

When you (or your predecessor) bought the property from the council (RTB?) you should have had the ROW amended.

To find the owner of the path, sart with a 'Map Enquiry' here which will show all the registered itles in the area find the one(s) that includes the path. May be more than one. Or none.

Unfortunately you can't check without actually buying the Plans for the promising-loooking Titles.

PasturesNew

G_M wrote: »

...e) A right of way (on foot only) for the Council its successors....

As I read that (clueless/unqualified), the OP does have the pedestrian ROW as they'd be the "successors" part. They succeeded the Council in the ownership of the property, gaining the ROW as the successor.

EachPenny

xmillyx wrote: »

Our house is an ex-council house so not sure if that has any relevance

Yes it does, because that gives the potential for the Council to have sold your plot without also including the land the shared path is located on. If they still owned the plot furthest from the road when yours was sold they might have thought it sensible to keep their options open regarding future access arrangements.

It doesn't always happen, but sometimes council property staff have some bright ideas

As others have already said, you are going to have to do the research and hope you can find a clear answer.

xmillyx

Thank you so much all for your comments. After purchasing the LR map as suggested I!!!8217;m pretty sure that we own the path beyond our front fence and therefore do have access rights to the house on that path...

The question will be now how we go about getting vehicle access to the property. I think we will speak to our neighbours who would also like access and see how far they fit and then speak to the council.

Norman_Castle

However several of our neighbours have created a "private road" and can therefore park outside their house (where there is ample room) which stops one house along from us. I'm not sure if this was done formally.

Speak to these neighbours as it appears they have done what you are planning to do.

G_M

PasturesNew wrote: »

As I read that (clueless/unqualified), the OP does have the pedestrian ROW as they'd be the "successors" part. They succeeded the Council in the ownership of the property, gaining the ROW as the successor.

You're probably right.

I read it (too fast) as meaning any sucesssors to the counccil (eg if councils were merged or abolished).

But on reflection I think yes, it means successors as owners of the property.