PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Blocking footpath on my property used by people to walk on my garden

I'm looking to get some help regarding erecting a fence/wall on my property as outlined on my title plan. The fence would terminate the end of a footpath that exists to allow people to walk from the back of their houses down towards a set of parking spaces which are owned by the property owners and myself included.
The way the path is positioned means you're meant to walk down the path and then left onto the parking spaces but people simply continue straight on, walk across my front garden and across the front of my property.
I'd like to prevent this by erecting a fence that would actually terminate the end of the path so it couldn't be used to easily allow people to walk on my property.

The layout is awkward in the sense that, my house is a corner plot, there is a row of 6 parking spaces (2 of which I own) and the path runs alongside my boundary wall.
On my title plan it shows that my boundary clearly encompasses the open section of the footpath, along to the parking spaces and around the front of my property all in one piece.
The path itself leads down an incline between my boundary and the parking spaces so there is a brick wall on one side. The open section where you exit the footpath is right inside my boundary.

Am I at risk of any legal repercussions for basically fencing off the bottom of this footpath? I'm actually looking at increasing my fence boundary out more to cover the actual boundary so I don't see why I would be limited to building on my own land. I've checked my title for covenants relating to the path but found nothing at all that says there is a public right of way leading through or on my property.

Any help is greatly appreciated.
«13

Comments

  • This is where it's a bit of a grey area, it's my understanding that the land is mine. It's within my title plan clearly shown as my boundary. I simply want to erect a fence within my boundary, however that area is currently part of a footpath where people walk down onto my property.

    So if you imagine the footpath is say, 30ft long, the end 2-3 feet of it where it ends is within my boundary. It's this 2-3 feet I want to start my fence extension to encompass my own boundary.
  • kaotix said:
    I'm looking to get some help regarding erecting a fence/wall on my property as outlined on my title plan. The fence would terminate the end of a footpath that exists to allow people to walk from the back of their houses down towards a set of parking spaces which are owned by the property owners and myself included.
    The way the path is positioned means you're meant to walk down the path and then left onto the parking spaces but people simply continue straight on, walk across my front garden and across the front of my property.
    I'd like to prevent this by erecting a fence that would actually terminate the end of the path so it couldn't be used to easily allow people to walk on my property.

    The layout is awkward in the sense that, my house is a corner plot, there is a row of 6 parking spaces (2 of which I own) and the path runs alongside my boundary wall.
    On my title plan it shows that my boundary clearly encompasses the open section of the footpath, along to the parking spaces and around the front of my property all in one piece.
    The path itself leads down an incline between my boundary and the parking spaces so there is a brick wall on one side. The open section where you exit the footpath is right inside my boundary.

    Am I at risk of any legal repercussions for basically fencing off the bottom of this footpath? I'm actually looking at increasing my fence boundary out more to cover the actual boundary so I don't see why I would be limited to building on my own land. I've checked my title for covenants relating to the path but found nothing at all that says there is a public right of way leading through or on my property.

    Any help is greatly appreciated.
    Someone near us with the same problem erected posts and ran thick rope between them. Seemed to do the job and much cheaper than a full on fence and doesn't block your view out the front. 
  • kaotix said:
    I'm looking to get some help regarding erecting a fence/wall on my property as outlined on my title plan. The fence would terminate the end of a footpath that exists to allow people to walk from the back of their houses down towards a set of parking spaces which are owned by the property owners and myself included.
    The way the path is positioned means you're meant to walk down the path and then left onto the parking spaces but people simply continue straight on, walk across my front garden and across the front of my property.
    I'd like to prevent this by erecting a fence that would actually terminate the end of the path so it couldn't be used to easily allow people to walk on my property.

    The layout is awkward in the sense that, my house is a corner plot, there is a row of 6 parking spaces (2 of which I own) and the path runs alongside my boundary wall.
    On my title plan it shows that my boundary clearly encompasses the open section of the footpath, along to the parking spaces and around the front of my property all in one piece.
    The path itself leads down an incline between my boundary and the parking spaces so there is a brick wall on one side. The open section where you exit the footpath is right inside my boundary.

    Am I at risk of any legal repercussions for basically fencing off the bottom of this footpath? I'm actually looking at increasing my fence boundary out more to cover the actual boundary so I don't see why I would be limited to building on my own land. I've checked my title for covenants relating to the path but found nothing at all that says there is a public right of way leading through or on my property.

    Any help is greatly appreciated.
    Someone near us with the same problem erected posts and ran thick rope between them. Seemed to do the job and much cheaper than a full on fence and doesn't block your view out the front. 
    It's technically on the side of my house but we deem it the front garden due to the separation between the back garden and front (fence for the back garden - no fence for the "front" garden) i actually want to extend the fence to increase the enclosed space around the side of the house.
    I'd thought about posts/rope previously until I wanted to better use the space. (although mine was more sinister and the rope would be about 6 inches off the floor with a camera pointing at it and a direct feed to you've been framed)
  • kaotix said:
    This is where it's a bit of a grey area, it's my understanding that the land is mine. It's within my title plan clearly shown as my boundary. I simply want to erect a fence within my boundary, however that area is currently part of a footpath where people walk down onto my property.

    So if you imagine the footpath is say, 30ft long, the end 2-3 feet of it where it ends is within my boundary. It's this 2-3 feet I want to start my fence extension to encompass my own boundary.
    Is it a footpath in the legal sense, do the other properties have right of way and/or access based on deeds to cross this land to access the parking spaces? Is there another way for them to access the spaces? Do you want to go to war with your neighbours? 
  • silvercar
    silvercar Posts: 49,153 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You can't block anything that is a right of way or someone else has access rights over, even if you do own the land.

    As well as checking your deeds, you may need to check neighbours deeds to see if they have any rights.
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Sea_Shell
    Sea_Shell Posts: 9,937 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Can you post a picture or a drawing/diagram?


    Are people just short cutting across your front garden (being lazy) or is that the official access point?
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.98% of current retirement "pot" (as at end April 2025)
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Could you post a Google map, looking down on the area for us to visualise? 
    Forty and fabulous, well that's what my cards say....
  • RAS
    RAS Posts: 34,924 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is this Highway land? It would be within your boundary but you'd be severely limited as to what you can do with it.
    If you've have not made a mistake, you've made nothing
  • The image below shows my title plan. The red area being my boundary which is a continuous red line around my property and my parking spaces.
    The blue line is the footpath in question which shows where it falls into my boundary.
    The green dashed line is where I'm looking to build said fence.

    People are lazy and use my garden to get to the footpath.
    Just before the green dashed line there is a 1ft wall as the path starts to ascend.



Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.8K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.