Who owns a public footpath?

Beenie

I know that someone in Land Registry often replies here and so I'm hoping (s)he can advise.

Our house has no frontage on to the highway; we have 'vehicular access only' down a public footpath according to our deeds. The footpath is in effect a country lane, wide enough for a single vehicle to drive down. Our solicitor responsible for the conveyancing at the time we bought the house made enquiries about the footpath and responsibility for its upkeep but got nowhere. 

A new neighbour has started to encroach upon the lane by planting leylandii outside the boundary of his garden. When challenged, he said he owned 2' of the footpath adjoining his garden. This doesn't make sense. 

Does anyone know how we can find out what is the correct legal position, given that a solicitor couldn't do this 20 years ago.

Slithery

Have you done a map search on the LR website to see if the owner is registered?

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/MapEnquiryInit.do

TBagpuss

If there is a right of way then that is likely to be more important that who owns the land - most public footpaths are on land owned by private individuals (farmers, often)

I suspect that your best option is to speak to the neighbour show them the relevant details on your deeds and ask them to confirm that they will ensure that the path is maintained to ensure that vehicular access remains possible. 
Generally speaking, either a landowner or the highways agency will be responsible for maintaining a public footpath https://www.gov.uk/guidance/public-rights-of-way-landowner-responsibilities is a good starting point.

It sounds as though your deeds may give you additional rights to those of normal members of the pubic - have you downloaded a copy of your neighbour's deeds to check what their deeds say, both about ownership of the path, and about your right of way? 

Beenie

I didn't know that you could download a neighbours property deeds. I did inquire with the Footpaths Officer back in 1998/99 about ownership and he said the path existed long before local authorities and property deeds; apparently it's an old Viking salt road. We are in the middle of a conservation area too; all the houses are owned and no doubt deeds are available but the ownership of the network of public footpaths is anyone's guess. The local authority/highways department deny its their responsibility.

moneysavinghero

Regardless of who owns the actual land that the PROW runs over, the actual surface of the path belongs to the highway authority. As such it is they who are responsible for it's upkeep. They have the power to require owners to cut back any overhanging growth.

Beenie

moneysavinghero said:

Regardless of who owns the actual land that the PROW runs over, the actual surface of the path belongs to the highway authority. As such it is they who are responsible for it's upkeep. They have the power to require owners to cut back any overhanging growth.

But they don't enforce this in that case. Massive leylandii overhang/overshadow the path and now the neighbour is encroaching into the path itself with newly planted leylandii. Madness.

moneysavinghero

Beenie said:

moneysavinghero said:

Regardless of who owns the actual land that the PROW runs over, the actual surface of the path belongs to the highway authority. As such it is they who are responsible for it's upkeep. They have the power to require owners to cut back any overhanging growth.

But they don't enforce this in that case. Massive leylandii overhang/overshadow the path and now the neighbour is encroaching into the path itself with newly planted leylandii. Madness.

Have you asked them to enforce it? They probably are unaware otherwise. As the path is car width i guess that it does not hinder general usage so walker etc are unlikely to have complained about it.

AdrianC

The path is outside your plot? So you don't own it.

Is it inside his?
It may well be that simply nobody knows who owns it, if it's unregistered. Perfectly common out here in the sticks...

Beenie

AdrianC said:

The path is outside your plot? So you don't own it.

Is it inside his?
It may well be that simply nobody knows who owns it, if it's unregistered. Perfectly common out here in the sticks...

Yes Adrian, it's outside our property boundary and outside his also. It's a path running between the two houses. According to our solicitor and the council, nobody owns it (common in the sticks as you say). The problem is the neighbour is digging into it by 2' and planting trees along, but outside, his garden fence  i.e outside his curtilage. The council say they need to site inspect but are too busy at present. 

AdrianC

Somebody owns it.
You just don't know who. They may not know themselves, either.

This is a dispute between the landowner and your neighbour.

Given you have a vehicular RoW over the land, do these leylandii actually encroach on it to make it impossible for a vehicle to pass? If so, then you have an issue with him - he cannot obstruct your RoW, whether he is the landowner or not. Maximum legal width of a normal motor vehicle is 2.55m. How wide is the track with these leylandii in place?

Beenie

wide enough for a car at present but the trees and branches will grow. Just look at the height of  his other ones! This isn't a dispute by the way - all I want to know is who owns or is responsible for the path. If it's nobody, then there's nothing to stop the parish council lopping the branches.