Footpath

moneysavinghero

Having re-read what you said about the position of the fence, are you saying that the fence is located somewhere in the yellow section? This would make more sense.

Soot2006

I interpreted it as the fence being in this location:

AndyG2004_2

AnotherJoe said:

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.

For information, pathways run through the Front of every property and if somebody wanted to walk through they could but would mean walking between cars that are parked on the owners driveways, this is we’re the damage to property comes into play with kids with bike etc, this was the sole reason to erect the fence to protect my property. With regards to the council, I had a number of people out from planning and they all came to the same conclusion, the planned plots and their layout would not pass planning today. To be clear about available access to plot 464 and the route they have been suggested to take is around the garages so access isn’t totally blocked. And yes I was granted permission to erect the fence and have documentation from the council to boot. 

Norman_Castle

AndyG2004_2 said:

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

Unless you've removed a fence it wont give access to your garden.

edit. Its not clear what path you are referring to, op please clarify. I'm assuming its between 465 and 466 leading to 464s rear garden.

AndyG2004_2

AndyG2004_2 said:

AnotherJoe said:

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.

For information, pathways run through the Front of every property and if somebody wanted to walk through they could but would mean walking between cars that are parked on the owners driveways, this is we’re the damage to property comes into play with kids with bike etc, this was the sole reason to erect the fence to protect my property. With regards to the council, I had a number of people out from planning and they all came to the same conclusion, the planned plots and their layout would not pass planning today. To be clear about available access to plot 464 and the route they have been suggested to take is around the garages so access isn’t totally blocked. And yes I was granted permission to erect the fence and have documentation from the council to boot. 

And to add, no mention of any ROW in my deeds nor is anything stated in the neighbouring deeds of Plot 466 which are the 2 properties that are effected by the footpath. The deeds do show a boundary for plot 464 (purchased today) and the footpath is within this boundary. With no mention of ROW in any of the deeds for plot 464, 465 or 466, just what I have, namely section 1.5 which I’ve attached to the tread. My question is, what rights do plot 464 have in respect to being on land they don’t legally own and to that I mean being on driveways etc. 

AndyG2004_2

Norman_Castle said:

AndyG2004_2 said:

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

Unless you've removed a fence it wont give access to your garden.

edit. Its not clear what path you are referring to, op please clarify. I'm assuming its between 465 and 466 leading to 464s rear garden.

This correct yes 

unforeseen

You do have a ROW in your deeds. You put in your first post and then said the other 2 houses had the same.
What do you think pass and re-pass means?
What do the deeds of 464 say and show? 

Norman_Castle

AndyG2004_2 said:

AndyG2004_2 said:

AnotherJoe said:

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.

For information, pathways run through the Front of every property and if somebody wanted to walk through they could but would mean walking between cars that are parked on the owners driveways, this is we’re the damage to property comes into play with kids with bike etc, this was the sole reason to erect the fence to protect my property. With regards to the council, I had a number of people out from planning and they all came to the same conclusion, the planned plots and their layout would not pass planning today. To be clear about available access to plot 464 and the route they have been suggested to take is around the garages so access isn’t totally blocked. And yes I was granted permission to erect the fence and have documentation from the council to boot. 

And to add, no mention of any ROW in my deeds nor is anything stated in the neighbouring deeds of Plot 466 which are the 2 properties that are effected by the footpath. The deeds do show a boundary for plot 464 (purchased today) and the footpath is within this boundary. With no mention of ROW in any of the deeds for plot 464, 465 or 466, just what I have, namely section 1.5 which I’ve attached to the tread. My question is, what rights do plot 464 have in respect to being on land they don’t legally own and to that I mean being on driveways etc. 

If its within their boundary they own it. Show us the plans to 464.

Soot2006

Norman_Castle said:

If its within their boundary they own it. Show us the plans to 464.

This. And they don't need a ROW over their own land since they can just walk on it as they please.  You have a ROW over THEIR land, so they can't block you out.

And there's probably covenants in place to prevent them doing anything much with the land ...

If I was buying 464 I would expect access to all my owned land and I would be requesting a gate installed in the fence preventing my access at the very least.

Do they use the alley/walkway section that is beyond your garden gate much? I see you don't have a ROW over that bit. I know you say they don't come your way, but do they use it from their end at all?

moneysavinghero

Do they use the alley/walkway section that is beyond your garden gate much? I see you don't have a ROW over that bit. I know you say they don't come your way, but do they use it from their end at all?

I think the OP is saying that plot 464 does use it (all of it, to get the lawnmower into 464's back garden).