Footpath

Slithery

AndyG2004_2 said:

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.

If the land doesn't belong to you then you had no right to put up a fence in the first place, no matter what the council told you.

Which department said you could put up a fence?

princeofpounds

All of this is rather academic. You do not need permission to perform repairs, as long as they are not improvements or conducted 'unreasonably'. The courts long ago decided a right to repair to maintain an easement (right of way) is an ancillary implied right for a dominant owner (you) over a servient owner (the landowner)

Pg 2 and 3 of this gives a nice explanation but if you google those terms you'll find loads of pages on the topic.

https://democracy.north-herts.gov.uk/documents/s7304/Appendix 2b.pdf

As for the fencing off - you had no right to do this, but I understand why it was done. The council could confirm it was not a public right of way but had no business in the matter otherwise. If no-one has complained, then just leave it in place.

Flugelhorn

If 464 is now in probate the issues over the access and fence may come up during the sale 

AnotherJoe

Flugelhorn said:

If 464 is now in probate the issues over the access and fence may come up during the sale 

Or it may not since the executors are likely to be unaware of this level of detail compared to an owner occupier. 

Jeepers_Creepers

How else can 464 get access to their garden other than through their house?

AndyG2004_2

Slithery said:

AndyG2004_2 said:

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.

If the land doesn't belong to you then you had no right to put up a fence in the first place, no matter what the council told you.

Which department said you could put up a fence?

Hi, the estate is classed as “open space” like all new builds are these days with no fencing to the front garden. A neighbouring property installed a boundary fence to prevent unwanted foot traffic entering their property, this got knock back by the council but on appeal won so set presidency for us all. The position of the fence I’ve erected is between my garage and front door, plot 464 access is via another close and as a result I too was granted permission from the council to have the fence remain. The footpath in question leads down the side of my house giving access to my rear garden and also an alleyway for rear access to their garden. Plot 464 front access is via a completely different close but access to the rear garden is via another close, (where I live) I hope this all makes sense. This hole situation was escalated somewhat after discovering that the owner of plot 464 whilst taking lawnmowers etc through to the rear garden had damaged several vehicles on plots 465 & 466 and so to prevent further issues, it was agreed by the council that the boundary fence remain to prevent public access and access across my property for plot 464. 

unforeseen

Council may have exceeded their authority by agreeing that you could block a ROW. Just because it hasn't been used does not mean that the ROW is or can be effectively extinguished by putting a fence up.
Do not be surprised if whoever buys 464 demands that you remove the fence. 

moneysavinghero

AndyG2004_2 said:

Slithery said:

AndyG2004_2 said:

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.

If the land doesn't belong to you then you had no right to put up a fence in the first place, no matter what the council told you.

Which department said you could put up a fence?

Hi, the estate is classed as “open space” like all new builds are these days with no fencing to the front garden. A neighbouring property installed a boundary fence to prevent unwanted foot traffic entering their property, this got knock back by the council but on appeal won so set presidency for us all. The position of the fence I’ve erected is between my garage and front door, plot 464 access is via another close and as a result I too was granted permission from the council to have the fence remain. The footpath in question leads down the side of my house giving access to my rear garden and also an alleyway for rear access to their garden. Plot 464 front access is via a completely different close but access to the rear garden is via another close, (where I live) I hope this all makes sense. This hole situation was escalated somewhat after discovering that the owner of plot 464 whilst taking lawnmowers etc through to the rear garden had damaged several vehicles on plots 465 & 466 and so to prevent further issues, it was agreed by the council that the boundary fence remain to prevent public access and access across my property for plot 464. 

So you are saying that:

• Plot 464 accesses the front of his property from a different close
• Plot 464 accesses the rear of his property via the footpath that runs alongside your property and behind you garden.

Before you said that the fence was allowed to be created because the public were using the footpath and causing damage. You now say that it is actually the owner of plot 464 that has been using it and causing the damage. This makes more sense as there appears to be no through route that the public would take.

The only logical reason for the path to exist all the way to plot 464 is to give them access. So it does seem strange that the council would give you permission to block off this access (especially as there does not appear to be any other access route to the rear of plot 464.

 it was agreed by the council that the boundary fence remain to prevent public access and access across my property for plot 464. 

From the plan provided it does not appear that you own the footpath (indeed your question is who owns the foothpath), not that anyone has to cross your property to get to the footpath. So not sure how the fence prevents the public from accessing your property. It only prevents plot 464 from exercising their (presumed) right of way.

unforeseen

I don't believe the council gave permission, it is more likely that they agreed that even though it was a breach of the planning to have a fence, they would not take action.
What the council did not and would not do is check deeds for what ROWs each house had. It is the OP's error that he also failed to do that before erecting the fence and now is liable to get told by new owners to remove it and possibly threatened with legal action if they don't. 

AnotherJoe

Jeepers_Creepers said:

How else can 464 get access to their garden other than through their house?

MIght have been my bad I thought OP said there was another route.