House Deeds - Boundry information (Help)

nutmegman

Hello,

Hopefully someone can me, I was looking at my Dad's house deeds last night........his house boundaries are clearly marked in red so there is no issue there.

Then there used to be a factory behind his house, his deeds show a footpath at the bottom of his house then a dotted line before the factory. Does any one know what the dotted line means?

This is now an issue for him as miller homes are proposing to build on this footpath

poppysarah

You need to find out if its legally a footpath - footpaths society will help. They're very proactive.

They don't need to own the land to apply for planning permission and some companys rely on brute force to overcome such problems.

Richard_Webster

Is the footpath included within the title shown edged red on the plan? If so then it is OP's land and can't be built on without his consent (and possibly that of anyone else entitled to use the footpath - usually neighbours).

Assume proeprty is in England/Wales

nutmegman

Richard_Webster wrote: »

Is the footpath included within the title shown edged red on the plan? If so then it is OP's land and can't be built on without his consent (and possibly that of anyone else entitled to use the footpath - usually neighbours).

Assume proeprty is in England/Wales

Richard, thank you for your reply.

on my dads deeds the bottom of his garden has a red line, then there is a footpath and then a dotted line.

the land was a factory and staff used this foorther path to gain entry, now miller have bought the land and have permission to build on it

what options does my dad have

nutmegman

Thanks in advance for your help

http://www.millerhomes.co.uk/explore/WestMidlands/10440/plan

My dads house is next to plot 72, as you can see there is a row of trees upto plot 52, those trees are existing and now miller how put in an application to cut them down (conifers 40ft high)

My dads deeds show the footpath as from the trees to his house, the footpath then joins the grey one behind plots 71 72

So i suspect if miller can chop the trees down the gardens on the new build will swallow up the footpath

any ideas

Mary_Hartnell

Is the footpath public highway, probably not, but check the definitive map at the council, which may be you local council or the County Council, depending where you live.
If it is not a PUBLIC highway restricted to foot traffic, then probably no rights unless the deeds say in writing that he can use the path. (There may be weasel words like "the right to pass and repass on foot over the paths of the estate and the right to pass re repass over the roads of the estate with and without horses and carts" which require you to define "the estate".)
However if he has put a gate in the back fence and used the path regularly for 20 years and there is not a notice that says that he has no right to do so and he has not been given permission by the landowner and there is not already an outstanding dispute about his trespassing AND he can find an independent witness to back him up ready to go to court on his behalf THEN he has probably established a private right of way.

What is his objective? To push the new development another 3 feet away or extract a ransom from the developer?

First step after checking the (public) highways map is to find out who owns the path, the Land Registry should be able to help if the land has changed hands since compulsory registration.
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I understand better now, that you have posted a link to the plan. Interestingly, Miller Homes is dumping its walking residents back onto what is left of the path, which suggests that it may well be public highway?!? Perhaps they applied for permission to divert the public path and nobody spotted the notice in the local papers.

I see that the low cost homes have their own footpath, so they won't be bothering the detached house on the corner, by dragging their wheely bins down the existing footpath?!

The price of freedom is eternal vigilance. If the Council has failed in its duties to keep you informed, you may get a few bob back via the ombudsman, but it is beginning to look like a done deal?

Richard_Webster

I agree with the substance of what Mary Hartnell has said.

The dotted line would indicate no more than the a change of surface from say a footpath to waste ground and would have no legal significance as such.

Unless it is highway for pedestrian use (which could be diverted if the builder got an order and OP's father could object if he used it regularly and would lose the access to it) then it will depend upon whether there is a clear right set out in the Land Registry entries or in any documents such a conveyance or transfer referred to in the entries as filed.

As Mary Hartnell says - what's OP's father's objective?

mollymunchkin

Have you tried looking at the planning application file for the development? There might be a condition on there about the footpath. Firstly try your council's website as there should be a lot of planning information on there or request to view the planning file from the council offices.

nutmegman

thanks for your replies......

The old factory unit at the bottom of my dads garden install a six foot fence approx 20 years ago so he has never really had access or used the footpath.

My dads ultimate objective is to ensure the trees are not chopped down, otherwise he will have full view of the development.

In looking at his deeds we were hoping he could make an issue from the footpath.

nutmegman

The planning application can be viewed here

http://www3.staffordbc.gov.uk/PublicAccess/tdc/DcApplication/application_detailview.aspx?caseno=JZIGYJPS45000

Mary_Hartnell

Horrible dark dirty looking foreign sticky Leyland Cyprus, blocking all the afternoon sun from the garden.

Plant a sensible low rise alternative now?