Who owns a public footpath?

Section62

Beenie said:

As our neighbours are in their late eighties, and I have palliative care for a life-limiting condition, is it fair for someone to plant trees in our access road and expect us to maintain them -  either ourselves (physically impossible) or at our own expense? 

You (and the neighbour) won't be expected to maintain the trees. The person who planted them (thinking they had a right to do so) is responsible for keeping them maintained so as to not obstruct your right of way, or the public right of way. If the trees encroach you will have recourse to the law to protect your rights.

Are your deeds specific in stating 'vehicular' access?

Beenie

Adrian, it doesn't matter what you think the width of the public footpath is (and you're wrong anyway - it's 2.5 metres wide). The council know it's a PROW and no-one has the right to plant trees. Its called encroachment. 

Beenie

Section62 said:

Beenie said:

As our neighbours are in their late eighties, and I have palliative care for a life-limiting condition, is it fair for someone to plant trees in our access road and expect us to maintain them -  either ourselves (physically impossible) or at our own expense? 

You (and the neighbour) won't be expected to maintain the trees. The person who planted them (thinking they had a right to do so) is responsible for keeping them maintained so as to not obstruct your right of way, or the public right of way. If the trees encroach you will have recourse to the law to protect your rights.

Are your deeds specific in stating 'vehicular' access?

Yes, absolutely specific and clear about access. We have the right  to drive down it but not block or park on it.

moneysavinghero

As things stand at the moment i think there is every chance that your neighbour does own that strip of land so he can plant trees there if he wants. But if it ever gets to the point where they are obstructing your access then firstly ask the neighbour to cut them back, if he doesn't then ask the council to enforce this. Until then just relax and don't worry about it.

Barny1979

Report it to the Highway Authority via their Rights of Way team, they will investigate and clarify if it is theirs or not.

Beenie

That is interesting. What makes you say that it's possible he owns a strip of land outside his garden? Is this a common occurrence in UK properties? I have never heard of this before as properties are normally delineated (maybe not that clearly but otherwise wouldn't everybody be able to 'develop' a strip around their house?)

Section62

moneysavinghero said:

The width of paths

• if a path has an established width between walls or hedges then this will be taken to be the legal width of the path, unless other evidence comes to light

It is very unlikely the highway authority will do anything about the trees. The width of the track is more than sufficient for pedestrians, and is enough to get any vehicle reasonably needed for footpath maintenance purposes through.

The fence has been put up relatively recently, so could only be used to define the legal width of the path if evidence can be provided to show it is on the historic line of any previous hedge/fence/wall. If there isn't evidence of where the old feature was, then the highway authority would need to persuade a court that the path needs to be wider than it is. With only public rights on foot, that would be an interesting exercise.

It would be different if the person had put up a new fence or wall, then the highway authority might be more interested. But with trees or a hedge (even leylandii) they are more likely to see it as a visual improvement compared to a long length of bog standard wooden fence.

moneysavinghero

Beenie said:

That is interesting. What makes you say that it's possible he owns a strip of land outside his garden? Is this a common occurrence in UK properties? I have never heard of this before as properties are normally delineated (maybe not that clearly but otherwise wouldn't everybody be able to 'develop' a strip around their house?)

Just a guess. Maybe he doesn't. But as long as his trees don't encroach on your right of way is it worth stressing too much about.
You can put a fence up anywhere, does not have to be right at the edge of your land.

Section62

Beenie said:

That is interesting. What makes you say that it's possible he owns a strip of land outside his garden? Is this a common occurrence in UK properties? I have never heard of this before as properties are normally delineated (maybe not that clearly but otherwise wouldn't everybody be able to 'develop' a strip around their house?)

People owning property fronting most 'old' roads are likely to own up to the centre of the road. The position of any fence/wall/hedge isn't conclusive proof of the boundary of property ownership, particularly next to roads and footpaths. It is very common in rural areas.

Unless someone can find the deeds for the track (if in separate ownership) and they state the width of the land it is on, it is virtually impossible to say whether or not those trees are on his land or not.

UnderOffer

I’d check his property deeds and see if this boundary is outside the fencing, ie is it possible he may own 1 metre from the gate where he has planted? At the road entrance on left, I can see some little posts, the trees seem to be in line with those, whereas the wooden fencing appears to be in-line with the edge of his house.