Footpath

AndyG2004_2

Hi all, could someone  please offer some clarification on who owns the footpath which gives access to my rear garden. Attached is 2 images, 

1st: text contained in my TP1 HM Land Registry marked 1.5 

2nd: the boundary plan 

the path requires repair/replacement and Im after some honest opinions as to whether I own the path so I can carry out the planned work. 

Thank you in advance. 

moneysavinghero

You don't own it, you just have the right to use it.

davidmcn

It would help if you could find an actual colour copy of the plan, rather than a black and white copy which has been coloured in by somebody's 5 year old.
But it looks like there is a footpath coloured brown, so you have rights to use it but don't own it. Can't tell for sure who does own it, but I would guess plot 466 owns it (and plot 464 also has rights to use it).

AndyG2004_2

Hi, thanks for reply, who is responsible for the up keep of it if I’m not the owner. It’s along side my gable wall. 🤷‍♂️

Slithery

AndyG2004_2 said:

Hi, thanks for reply, who is responsible for the up keep of it if I’m not the owner.

The owner is.
Have you downloaded the plans from the LR website for all of the adjacent properties to see if it appears on any of them?

AndyG2004_2

davidmcn said:

It would help if you could find an actual colour copy of the plan, rather than a black and white copy which has been coloured in by somebody's 5 year old.
But it looks like there is a footpath coloured brown, so you have rights to use it but don't own it. Can't tell for sure who does own it, but I would guess plot 466 owns it (and plot 464 also has rights to use it).

I’ve checked with plot 466 and his boundary goes upto the path so not responsible. Plot 464 does have an access gate to their rear garden but use is restricted due to the crazy layout of the plots. My question is, how do I find out who is responsible of the up keep as I’m willing to replace the path but don’t know if I’m legally allowed. 

Slithery

Thinking about it some more you might not actually have to pay for the plans.
Is it obvious from a site such as www.nimbusmaps.co.uk (free registration is required)?

AndyG2004_2

Slithery said:

AndyG2004_2 said:

Hi, thanks for reply, who is responsible for the up keep of it if I’m not the owner.

The owner is.
Have you downloaded the plans from the LR website for all of the adjacent properties to see if it appears on any of them?

Plot 466 has deeds which have been checked, unfortunately plot 464 has recently passed away and the property is in probate. I can see from both Plot 466 and my own deeds that property boundaries don’t cover the footpath which to me seems crazy, do you suggest applying for 464 from LR to take a look. If this plot also doesn’t cover the footpath, can I apply for ownership?

davidmcn

Actually 464 looks more likely, yes you should download their title if you want to see what they own. It's obviously a modern estate, somebody will have a registered title to it. Failing that, you should be able to do a map search from the Land Registry page. Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

AndyG2004_2

davidmcn said:

Actually 464 looks more likely, yes you should download their title if you want to see what they own. It's obviously a modern estate, somebody will have a registered title to it. Failing that, you should be able to do a map search from the Land Registry page. Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

I’ve just had a look via the suggested map site and it does indeed look like plot 464 owns the path, here’s the kicker. Plot 464 is accessed via a completely different close and I’ve had the right from my local council to erect a boundary fence between the 2 property due to the public using it as a right of way and causing damage my car etc. The planning department says that the current layout would never pass planning today and the access to the alleyway around my property for plot 464 hasn’t been used from day 1, August 2002. We had concerns when we purchased the property from new and my solicitor had contacted the developers surveyors with my concerns to be told it was only to be used for taking out refuge once a week 🤷‍♂️

AndyG2004_2

Slithery said:

Thinking about it some more you might not actually have to pay for the plans.
Is it obvious from a site such as www.nimbusmaps.co.uk (free registration is required)?

Thanks Slithery for your suggestion, it looks like it belongs to Plot 464 which is crazy considering they have no access to the path other than crossing into my boundary and the fact that a fence is erected preventing access