Public right of way query

Rosemary7391

ReadingTim wrote: »

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.

Oh, yes, quite.


And if it is overgrown to the point of being impassable it's quite likely someone will object. We certainly did when our Duke of Edinburgh groups got stuck; it's no fun having to reroute mid walk or hunting around for lost groups who thought it couldn't possibly be through all that mess...

ReadingTim

Rosemary7391 wrote: »

Oh, yes, quite.


And if it is overgrown to the point of being impassable it's quite likely someone will object. We certainly did when our Duke of Edinburgh groups got stuck; it's no fun having to reroute mid walk or hunting around for lost groups who thought it couldn't possibly be through all that mess...

My point exactly. Again.

ellectrastar

ReadingTim - thanks for the info. Interesting to read on the ramblers site that the highways agency effectively owns the pathway, and we would own the land surrounding it. Also that regarding maintenance, it is the highways agency again that is responsible for maintaining the surface of it and keeping it free from overgrowth. As the landowner I would just need to keep overhanging growth cut back and make sure the stiles are alright. So if the area is full of bushes and trees, that's not my responsibility.



From what I saw of the path (and being 3+ hours away believe me I wish I had walked it now!) it was not down-trodden. The field itself did not have a definitive pathway through it where loads of people have been. It's not near a town, it's a blip in the road really, so wouldn't anticipate anyone using it as a regular walk (but who knows, right?). It does form part of a larger, circular trail which is about 60 miles in total. I think if anything it would be organised rambles, which is what the owner said they had had.



I would say it is probably priced taking this into accordance (although they say it's "realistically priced for a quick sale").



I was aware that a right of way would not just disappear if unused. I think there is a process of applying for it to at least be moved but you would need a good reason to do so, not that you just don't like it being there.


I do like the property. I like the thought of owning all that land and imagining what I can do there. Just the flipside of if you get horrible people lording it over you and quoting their right to do this or that, or telling you you should be doing this or that. Or not walking through, or antagonising animals. Heart and head is definitely at war...

Angry_kittens

Does the ROW run along the edge of your land / fields, or at least the majority? My Parents have a ROW along the edge of their orchard, so erected a fence from stile to stile - it doesn't impede the ROW but also makes sure no one wanders where they shouldn't...

Davesnave

ellectrastar wrote: »

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?.

I forgot this. If people have a right to come onto your land, it's wise to have third party insurance in place in case they're injured in some way. This is different from the insurance that might cover a 'normal' house and garden.


Companies that specialise in landed property, like NFU Mutual, provide this sort of cover.

Davesnave

ellectrastar wrote: »

I would say it is probably priced taking this into accordance (although they say it's "realistically priced for a quick sale").

As I said before, I think the footpath is a red herring as regards price. Some of the most expensive properties in our village have them, even through the garden in one case, but the owners see no issues.

Given that landed property is in demand, 'realistically priced' usually means a problem greater than a footpath, perhaps with the house, the land or maybe the vendor's situation. It was all three with us!

Norman_Castle

ellectrastar wrote: »

I do like the property. I like the thought of owning all that land and imagining what I can do there. Just the flipside of if you get horrible people lording it over you and quoting their right to do this or that, or telling you you should be doing this or that. Or not walking through, or antagonising animals. Heart and head is definitely at war...

I think anyone choosing to be difficult would be very rare and in response to a landowner being difficult with regards to the path. If you don't obstruct it most will just keep walking.


https://www.gov.uk/guidance/public-rights-of-way-landowner-responsibilities

ellectrastar

Davesnave wrote: »

I forgot this. If people have a right to come onto your land, it's wise to have third party insurance in place in case they're injured in some way. This is different from the insurance that might cover a 'normal' house and garden.


Companies that specialise in landed property, like NFU Mutual, provide this sort of cover.

I've just had a look at this - Landowner's Liability insurance. It actually says that all landowner's should have this, regardless if people have a right to come on your land or not. If they get injured when they're trespassing they can still try and claim off you. I'm guessing the premium would be higher if you have a public ROW as there's more chance of someone being on your land.

ellectrastar

Angry_kittens wrote: »

Does the ROW run along the edge of your land / fields, or at least the majority? My Parents have a ROW along the edge of their orchard, so erected a fence from stile to stile - it doesn't impede the ROW but also makes sure no one wanders where they shouldn't...

Going one way it runs pretty much along the edge and I guess we could fence this if it was a problem. This is the direction where it ends up going into an overgrown area.



The other way it cuts diagonally across a field so it wouldn't be so easy to do without making the whole area difficult to use for ourselves.

Davesnave

ellectrastar wrote: »

I'm guessing the premium would be higher if you have a public ROW as there's more chance of someone being on your land.

As we don't have a RoW, I don't know if it's a greater expense or not, but I'm sure it wouldn't be much different as they don't seem to consider acreage. I just pay it, even though I've not had a trespasser in over 9 years.

Gateways and wide verges are a greater worry now that councils charge for so much non-domestic waste. If someone dumps material on private land, it's the owner's job to clear-up. Fortunately, we don't have those either, but we still have to stay vigilant for beer and wine bottles. If one of those goes into the hay cutter and is harvested.....