Can I move and access to the garden if it is via a public footpath?

mariad2004

Hi,  we loved the house and would like to offer, but we will need to extend. Currently it has an access to the garden via a public footpath (there is a door there)  which is at the level of the house.  If we were to extend,  it will needs be moved further along the footpath. Would we be able to do it? Will we need some kind of permission for that? 
Thank you for your thoughts. 

Robin9

Can I just check ? The photo is taken from your house - the gate is yours - on the other side of the gate is a public footpath - along the public footpath is your garden ?  You do mean "public" as maintained by the local authority and not a path along which you have right of way ?

 A sketch will help.

princeofpounds

You don't need any permission to put a gate in your own fence, as long as it's not so tall it needs planning permission (2m I think?). The key question is whether the owner of the footpath can block your gate, in either the new or old position.

You may have a right of way 'easement' along the footpath in two situations. One is if it is expressly granted in your deeds - it's possible but less likely. The other is an easement by prescription - if the gate has been there and used for over 20 years, and you have some evidence of that, then the property will have established a right of way.

If you have a right of way, then the owner of the footpath cannot fence off your access to that gate. Strictly-speaking if you move the gate significantly further into the footpath then you don't have a right of way that far, but a metre or two wouldn't be considered substantial as long as it doesn't affect anything else, and frankly it's highly unlikely that the owner of the footpath is going to care. 

So I would assume you can just get on with it.

Jeepers_Creepers

What's at each end of that footpath? Is it a true 'public' footpath in that anyone can use it to get from, say, one road to another? Or is it purely for access to specific peoples' gardens (like 'yours') and entitlement to its use it restricted to them? Does it terminate at one end, or is it fully open both ways?

sheramber

Is it an 'official'  gate or has someone just put a gate in the fence for easy access?

greatcrested

So there is a public footpath alongside your garden. You can obviously use this path (since it is 'public').

Assuming the fence and gate are yours (are they?) you can do what you want with them, unless there is a specific covenant in the Deeds restricting this in some way (is there?).

So yes, you could remove the fence if you wished. Or block the existing gate. Or create a new gate.

On the other hand, if the fence and/or gate are not yours, you will need the owner's permission.