Public right of way query

ellectrastar

Hi,


I am prospectively purchasing a property that has land. The land has a public right of way. The ROW enters the boundary and goes in one direction, following a river and then cutting straight across a field. In the other direction it follows a green pathway (separating "my" land from the neighbours), and then appears to go slightly into what would be my field, then on through the next three fields (all the while keeping close to the edge) and terminating back at the main road.



The seller says they don't have many people using the footpath. They said the one that goes along in the fields has been unused and alledgedly has no terminus to the main road as the occupants of the property at the far end were not aware of it and blocked it off. On an older map I believe I can see the footpath going through their property but on the council website the footpath veers off to the main road before getting to this far property, so I guess they might've been aware and applied to have it redirected (therefore it does have an end). Apparently, someone, I presume the council, came to replace/install two stiles going from the path, into the field, and then into the next field, but after this it is mostly overgrown with trees and bushes so you couldn't walk through anyway. The seller says they pointed this out but didn't have much of a response.



The right of way going in the other direction goes diagonally across the field and then on through to someone else's land.


Neither footpath is near the property itself, but it is something that I have never been that keen on. Has anyone had any problems with footpaths on their land, either with users or the council? Would it be possible for the council to enforce a change to the route whether we liked it or not?



I don't know whether I am worrying about something of nothing.



I have heard of some sort of indemnity insurance - I don't fully understand, but think it is something to do with this sort of thing. Can anyone enlighten me?


Many thanks in advance.

Comms69

The council would not be looking to create any new rights of way.


As your neighbour says, most people these days do not use them anyway. I wouldn't think it was much to worry about.

Rosemary7391

I'd think most folk who can find such a right of way will not be any bother - unless you see them you won't know they're there. You should keep the stiles clear so folk aren't tempted to climb fences/gates. Signs can be handy to keep people to the track as well, if it isn't obvious.

tom9980

Rosemary7391 wrote: »

I'd think most folk who can find such a right of way will not be any bother - unless you see them you won't know they're there. You should keep the stiles clear so folk aren't tempted to climb fences/gates. Signs can be handy to keep people to the track as well, if it isn't obvious.

This, you will have no problem with the type of person walking the little known paths especially if you keep the stiles and signs all in good order.

moneyistooshorttomention

Presumably the property is priced in accordance with this too - ie that bit lower than it otherwise would be. So that's part of the deal - ie accepting that people will use it sometimes.

ReadingTim

If there's a public right of way, why don't you, as a member of the public, exercise it?

Walk the course and come to your own conclusion as to whether the seller's telling the truth about not many people using it, and whether you'd be happy for other members of the public to be on and around the path (and therefore "your land").

Info on rights of way can be found here , info from a ramblers' perspective here . Bear in mind that whilst you probably won't have a problem with the majority of users, you may encounter a minority who may vigorously enforce their rights in order to maintain them - so if you're hoping that the path, and associated right of way may fade away over time, you might be disappointed...

ProDave

All I would say is make the route of the ROW clear if there is any doubt, perhaps by putting up a sign or 2. That way people will pass through on the correct route without troubling you.

If the path is overgrown, unused and not clear, people may not understand where it should go and may end up wandering around looking for the way out.

Rosemary7391

ReadingTim, I don't think rights of way ever get extinguished through lack of use. How would you know no one has been using it?

Davesnave

Rosemary7391 wrote: »

. How would you know no one has been using it?

It's possible to assess use by things like how much the grass is trodden-down and whether brambles etc have been cut shorter than their natural length, but as you say, no one keeps a tally of use and lack of use is no reason to extinguish.

How much of a 'problem' a public RoW is depends whether it's easily accessible to many people, like on a town periphery, or in a fairly unpopulated area, where it might form part of a longer network. Certainly, when it's the latter, say on a farm, there will be very little or no effect on property value.



I know people with a major footpath, The Tarka Trail, running through their yard and land, but apart from the odd idiot with an equally idiotic dog, it's no great bother. Maybe that's because the trail is well waymarked and good stiles exist, meaning no need to open gates etc.


It isn't true to say that councils aren't interested in extending or reinstating footpaths. Mine is at the consultation stage with this in a number of places, though I'll admit, it's taking time!

Davesnave

ellectrastar wrote: »

Would it be possible for the council to enforce a change to the route whether we liked it or not?

They'd only alter the route if something like a road scheme made it necessary.


They might also decide to resurrect an old public footpath which has fallen into disuse, but if you have looked at old maps you'll know what was there.


I have a footpath marked on my land until about 80 years ago, but so far as I can tell it was never public; just a short cut farm workers used. I've thought about it, but I'm not worried about reinstatement because it doesn't go anywhere useful today. If it linked to another path nearby, that might be different.

ReadingTim

Rosemary7391 wrote: »

ReadingTim, I don't think rights of way ever get extinguished through lack of use. How would you know no one has been using it?

My point exactly - they don't, but if the OP was hoping they do, or that by letting the path become overgrown it may prevent people exercising their right of way; then they may be in for a rather rude awakening.