PUBLIC RIGHT OF WAY ADVICE NEEDED

nunu123

Hello, can I start by saying, I have had great advice in the past on here, which is why I am hoping someone can help me with this matter regarding Public Rights of Way.
I have purchased a small plot of land, which was Freehold. The title included a small pathway which was on the land. There were no easements stated in the Title Deeds.
The land was purchased off the Council at an auction, which was then sold onto us.
We were looking into getting planning permission on the land and the gentleman dealing with the submission said that the ordinance survey map showed a Right of Way (path). The thing is, the tarmac pathway has been removed, but it is still on the maps.
Isn't the path that was on the land in my ownership anyway, as there is nothing in the title deed suggesting otherwise.
I want to know if we made a mistake in purchasing it.
Thank you all in advance for your help.
 

princeofpounds

Afraid it's not good news here. The land is still totally within your ownership, but if there was a public footpath (or other type of carriageway) in existence, the right of way has not been removed.

Rights of way are not only established in the deeds. They can be formed by customary use and are just as strong once formed (google easement by prescription as an example).

So if you develop across the right of way, you run the risk that someone will come along and challenge it. Whilst I can't be conclusive from what you say, the fact that a public footpath was recorded on ordnance survey map makes it quite likely they would win. The Ramblers association will sometimes do this even when you wouldn't think anyone would be interested in the path.

You can still develop the land, subject to other permissions, but you won't be able to erase the right of way in perpetuity.

AdrianC

We have a PRoW (a footpath) through our garden. It comes in the back gate, past the back door, and down to the lane. It's unsurfaced, just grass. It's our legal responsibility to ensure it remains passable at all times.

Right of way says nothing about ownership. No easement is needed - because it's a PUBLIC RoW.

Did you make a mistake? I have no idea. But the existence of this RoW says nothing, except that perhaps a little more due diligence pre-purchase would have been a good plan.

brianposter

The question seems to be whether you can use the land as you wish whilst also providing a path across the land.

Davesnave

If you don't need to move the right of way in order to carry out your plan, then there is no great problem, especially if it has fallen into disuse. There are many properties where RoWs go through gardens or pass along the side of them.

However, if you'd need to move the route of the RoW to carry out your plan, things become more difficult. It's not impossible to achieve a minor deviation, just tricky, but if even Madonna had problems with a more major diversion.....

notrouble

The key is in the name:

'public' as in anyone;

'right' as in they can do it;

'way' as in pass/travel along/go

Whether it is tarmaced, grass, a flower bed, or passes over a recently built pond or garage, it remains a public right of way.

Mistake buying? Depends whether the existance and route of the ROW interferes with your plans for the land.

HampshireH

Sounds like it's on the map already but there is currently a big push on land users to get footpaths recorded on definitive maps by 2026. This may be worth a read its quite interesting

https://www.oss.org.uk/need-to-know-more/information-hub/applications-to-record-public-paths-after-twenty-years-use/

PasturesNew

As the others have said.  If a path exists (and it does) and is on the maps (which it is) then you can't just remove it.  Having tarmac, or any sort of surface doesn't change the fact there is a path at that point. 
You are unlikely to be able to move the path (say to the edge/round).  You can get planning permission to build on it, but if you do that and build then you'll find people can knock on your door and insist on walking through.  

You'll have to work out how to build on the bit that the path doesn't cross. 

notrouble

PasturesNew said:

t if you do that and build then you'll find people can knock on your door and insist on walking through. 

Strictly speaking they should not have to knock on your door - you should leave the door unlocked so they have unhindered access through the kitchen, though they might choose to knock out of politeness......

nunu123

Hello again, thank you for taking the time to respond. I actually had a look at the ordinance survey map for our council (cadcorp), and it actually makes no mention of the land being a public path.
I have checked other pathways that show up on the map as Public paths.
I am confused.
Again, many thanks.

Moneybagsss

nunu: any chance you could give us the location of the land so we can check the maps?
notrouble: (offtopic but) why are all your posts being reported as spam? Someone with a grudge?