PUBLIC RIGHT OF WAY ADVICE NEEDED

Norman_Castle

https://www.rowmaps.com/

nunu123

Thank you. 

nunu123

Hello again. Thank you all for your advice. I just wanted to  update you all on the matter.
After a meeting  with the council, they confirmed that  there  is no Right of Way registered on the land. Although the  land had a pathway ( which has been removed), the residents would have to prove that  it was used continuously for a period  of 20 years.
I do know that  many of the old residents have moved away, so I can try and get details to bolster my case.
Also, I really need help with a matter of the neighbours property (adjacent to the land).
The previous owners put two windows and their boiler flue into the party wall.
The council did say that it has been done without permission (and that it would never have been granted had they sought it). It has been over 10 years. So I guess they now have a right of sorts.
The new owners have no knowledge of the issues relating to the windows. 
Can anyone advise on how we could possibly approach this?
Again, many thanks

xylophone

two windows and their boiler flue into the party wall.

Party wall? Do you mean the wall of their house that overlooks the piece of land?

 It has been over 10 years. So I guess they now have a right of sorts.

The same sort of right as  twenty years of continuous use of the path?

Norman_Castle

nunu123 said:

The previous owners put two windows and their boiler flue into the party wall.
The council did say that it has been done without permission (and that it would never have been granted had they sought it). It has been over 10 years. So I guess they now have a right of sorts.

Ask the council if they would enforce planning rules after 10 years, if not you will need to work with the neighbours if you want it changed.

nunu123

Yes, the wall  of the house that overlooked the land. It is a row of terraced houses, and the land we own once had a property, but was knocked down.
The Right of Way can be removed, but it will cost a few thousands ( that's  if it registered).
I was told to get something  in writing from the council, to confirm that it has no ROW status, but the issue of it being a pathway  that was /or was not used continuously (as there is a pavement all the way around) is something we will have to grapple with.

nunu123

Can the council enforce planning rules after a long period of time. I really don't  want to get into a fight with the neighbours, they are really nice. I've suggested we do the work for them, as we will be building a house ourselves.

Norman_Castle

nunu123 said:

Can the council enforce planning rules after a long period of time. I really don't  want to get into a fight with the neighbours, they are really nice. I've suggested we do the work for them, as we will be building a house ourselves.

Try asking the council and please use the quote button so we know what you are responding to.

Davesnave

The council are unlikely to enforce after a long time, regardless of the actual period and the relevant law. This is because doing so uses public funds. If the alterations had made the house sub-standard in some way, affecting the lives of subsequent owners or tenants, there might be justification. However, all the owner has done here is potentially make their house  harder to sell and that's probably punishment enough!