you can also follow a public right of way via the english side of it
what your intending to do is push your fence over onto the pathway a public one at that which by reading of it you cannot do
you could be if you ever had one complaint your in for a hell of a time
this would mean your encroaching onto the public right of way which you have no right to, all because you want access
you can however move over the public right of way from say the side of your property to the end of your garden
As a keen walker I have always been lead to believe there is no prescribed width to a right of way. Providing the right of way is of sufficient width to allow a single walker to pass, the landowner is meeting the requirements of the right of way.
RonA
so you cant make head nor tail of it and you have to go back and they can relieve your wallet goodstyleThat's how I understand it too and have absolutely no interest in making access inconvenient...as a youngster I frequently used the path before I lived here.
What further complicates things though is that the area is outlined and shaded in a different colour on my title plan and is included In my burdens which is why I'm trying to decipher it...why do they write this stuff in gibberish?
As a keen walker I have always been lead to believe there is no prescribed width to a right of way. Providing the right of way is of sufficient width to allow a single walker to pass, the landowner is meeting the requirements of the right of way.
RonA
If you have it in writing from planning and access that your proposal is fine crack on with it, you've done it properlyScottish I suppose.
It's this sentence specifically...
"We bind and oblige ourselves and our successors not to interfere with, interrupt nor encroach on
the right of servitude hereby constituted and to leave the said servient plot or area of ground void
and redd in all time coming in order that the same may be used as a footpath"
A section of my land is a public footpath and I need to rebuild the boundary fence...I want to move a short section of the fence into the path a modest amount to provide access to the side of my house..as it stands currently there's a good portion I cannot access for maintenance without removing the fence.
I've contacted planning and the access department and they have no issue with my proposal and it's not a registered right of way.
I've made considerations for prams/buggies/wheelchairs (even though it is stepped) and the area I wish to move it into receives no footfall as evident by the moss growing on the tarmac.
Basically I need to know if I'm reading the above correct. It says I shouldn't encroach on the servitude which I wouldn't be but there's a good chance I'm misinterpreting. It also says I must leave it void, I have no intention of blocking it.
Interestingly if I erected my fence exactly according to my boundary it would almost completely block access to the footpath.
I doubt anyone would object but I don't want to go to the expense of doing it and it be a problem.
Obviously I'll contact my solicitor if required but if I don't need to that would be a bonus.
A local chap had about a dozen stables with 4 fields to turn the horses out, one of the fields had a public right of way along it's boundary and he had a few walkers complaining they were intimidated by the horses in the field so he put a fence along the footpath giving about a metre for the walkers. A few months later he gets a letter from the Ramblers Association claiming the path was too narrow and they would be starting legal action if he didn't make it wider, so he took the fence down and made it as wide as the field