Trespass

Jeepers_Creepers

From what it sounds like, this is not a RoW. One owner of one part of this road is a normal decent human being and is happy to allow Ms Choc - a near neighbour - to walk by as it is of no consequence and causes no harm. It's just a nice thing to do.

To now try and obtain an official RoW might be considered a slap in the face of nice Mr J. I mean, if you had taken over the part ownership of your shared access road and then found your generosity was reciprocated by an attempt to make access official, how would you feel? Yup, me too.

I also suspect there are more owners than OW and Mr J involved - are there other houses? In which case, Ms Choc is 'trespassing' on other parts of this road owned by direct neighbs of Mr J, and I wonder how 'happy' these same-side owners feel even tho' they say now't? And how they'd almost certainly feel if this were made (or attempted to be made) official so that anybody could walk now down 'their' road? I think nice Mr J could end up with some highly aggrieved and tetchy neighbs.

Personally, I think that Ms Choc should just enjoy the privilege she's been given for as long as it lasts - which could be pretty much indefinite. Yes, the OW is out of order, but that's half the British population for you; she's lucky that Mr J comes from t'other half.

Seriously, just smile and wave   If approached by OW, Ms Choc could - if she wishes - pleasantly ask "Which bit is your land?" and field defensive answers until OW is forced to say "...um...to there" (and she'll be pointing to the centre line which will be three inches in front of Ms Choc's toes). And Ms Choc can reply, "So, am I trespassing on your land?"

Murphybear

Are the postmen trespassing?  Perhaps the RM should write to the owners saying they would have to collect their post in future 

Redwino222

I always try and see issues like this from the other perspective.

i used to love in a house with a shared driveway, I owned half.  People started using it as a shortcut, wandering. Down my driveway and climbing over my fence.  I hated it, so I challenged each one until It stopped.  Technically they were only trespassing over my land for a short period of time, but there was the potential of damage to my fence.  And I bought there because it would be quiet and private. 

Falafels

Unless there is a public right of way on a private road, the latter can only be accessed with the consent of the landowner.

As the OP is accessing the portion of the road with the actual consent of a landowner, and the others don't seem to care, there shouldn't be a problem. The neighbour with the camera can be safely ignored.

bouicca21

It can be a privately owned road and still be a public highway - we have loads of them round my way.  The frontagers hate people using the roads and get very bad tempered, but there’s not a lot they can do about it.

Falafels

FaceHead said:

I'd propose trying to get the public right of way formally recorded. It sounds as if the public has had 20 years of access. Indeed a condition of the transfer could have been a continued public right of way. There should be a process with your local authority for unrecorded rights of way.

That's the point. There ISN'T a public right of way, but one of the landowners has kindly granted access to the OP; the fact that the OP is using the road as a short cut hardly constitutes 'the public having 20 years of access'!

OP - I suggest that if you want to avoid all the landowners telling you to keep off, as they are legally entitled to do, you leave it right there. 

Ms_Chocaholic

Just to clarify Mr Johnson’s property is the only one on that side of the road. The others are all opposite

Ms_Chocaholic

Falafels said:

FaceHead said:

I'd propose trying to get the public right of way formally recorded. It sounds as if the public has had 20 years of access. Indeed a condition of the transfer could have been a continued public right of way. There should be a process with your local authority for unrecorded rights of way.

That's the point. There ISN'T a public right of way, but one of the landowners has kindly granted access to the OP; the fact that the OP is using the road as a short cut hardly constitutes 'the public having 20 years of access'!

OP - I suggest that if you want to avoid all the landowners telling you to keep off, as they are legally entitled to do, you leave it right there. 

All the landowners aren’t telling me to keep off, one is and I’m not on her land. Mr Johnson has no complaint, is fully aware I use the road and chats to me about the cantankerous lady opposite. 

Falafels

Ms_Chocaholic said:

Just to clarify Mr Johnson’s property is the only one on that side of the road. The others are all opposite

It doesn't sound as though there's any problem, then. It's none of the old bat's business, any more than if you were one of Mr Johnson's visitors. Just ignore, apart from wishing her good morning!

Ms_Chocaholic

Redwino222 said:

I always try and see issues like this from the other perspective.

i used to love in a house with a shared driveway, I owned half.  People started using it as a shortcut, wandering. Down my driveway and climbing over my fence.  I hated it, so I challenged each one until It stopped.  Technically they were only trespassing over my land for a short period of time, but there was the potential of damage to my fence.  And I bought there because it would be quiet and private. 

I understand your issue must have been frustrating esp as they were climbing your fence. However this situation is very different. All the properties have large front gardens so I’m walking down the road and must be 10-15 metres minimum from the properties