Any property lawyers/solicitors on here?

[8ob]

We had a contract in Kent to clear trees/vegetation on 60k of these "rights of ways", although across private land the council picked up the tab. Spec was 1.5mts either side of the centre of the path, some had not been used for years and these lost their status as a right of way.

Bob

 

[Burdekin]

This was a wee scandal in our village: https://www.scotsman.com/news-2-150...keep-ramblers-out-of-his-living-room-1-820666

Basically folk can walk to just past our place now along the seafront and the other half of the village have now put up fences to stop folk walking along the seafront. I suppose if we really wanted to we could put up a fence as well but kids and folk use the path so wouldn't be a nice thing to do and it's great that kids still play out on the rocks in front of the cottage.

 

[brightspark]

We had a contract in Kent to clear trees/vegetation on 60k of these "rights of ways", although across private land the council picked up the tab. Spec was 1.5mts either side of the centre of the path, some had not been used for years and these lost their status as a right of way.

Bob

a public footpath right of way has to be walked along and logged once a year otherwise it can be lost. there is public access to the headland owned by british steel and thats the oposite it has to be closed off to public once a year so it cant be claimed as right of way

 

[sardine]

Thread drift.

Free legal advice is like rocking horse poo, there are multiple websites and forums for evey subject you can think of with qualified people giving advice, but not legal , there are a couple of legal websites but its rare to get any kind of useful reply on them.

The legal trade is sewn right up , only money gets you anywhere.

( I spent a lot of time trying to get legal advice when the authority tried to unlawfully seize one of my boats, I got no where because I was broke then, no legal aid, no law centre would help, nothing. )

 

[fizzy]

The RA sole position is confrontation, either with LAs or landowners.

I always treat as I find every year at D of E time there will be hosts of kids lost and miles off the footpath, never a problem all have always been polite and just glad someone can steer them in the direction they want to get to. Far different from a couple of yummy mummys who came bowling through the yard a couple of months back when I asked if they were lost there reply was "of course not we just didn't want to get muddy on the proper footpath" in a tone that was as if Id also been something that needed scraping off there spotless hunters. What they didn't gamble on was me being able to zap the front gates to close so they couldn't get out to the main road then telling them they could walk around the proper route....

I had some serious problems with kids doing D of E. We had a ford and the idiots used to chuck big rocks in there as stepping stones or just for fun. Not funny when you hit one in an Insignia lurking just below the surface

 

[8ob]

a public footpath right of way has to be walked along and logged once a year otherwise it can be lost. there is public access to the headland owned by british steel and thats the oposite it has to be closed off to public once a year so it cant be claimed as right of way

We did a bit of ROW work for a shoot in a woodland on a big estate, the public were straying off the ROW getting perilously close to the dogs and guns. We carved out a new track well away from the shoot and erected Deer fencing both sides of it , both the old and the new track had to be left open for about two years before the original could be closed off, signage everywhere spelling out the obvious. Its quite a long winded process moving an established ROW

Bob

 

[mrsbruce]

Had a bit of a nosey, and the servitude law seems to deal mainly with access for neighbours, and can cover anything from an access path, to a pipe through a field.

If that part of the access is not inhibited, then you should be fine. Sounds as if it was put in to the deeds for that reason, possibly not a public footpath. That probably followed later.

I wouldn’t dismiss website access to lawyers, I contacted one regarding the licensed access for my neighbour, he advised on the cost of getting a licence drawn up (£350-450 + vat), but also told me how to draw a licence up myself. All for the fee of £28.

 

[grim_d]

Had a bit of a nosey, and the servitude law seems to deal mainly with access for neighbours, and can cover anything from an access path, to a pipe through a field.

If that part of the access is not inhibited, then you should be fine. Sounds as if it was put in to the deeds for that reason, possibly not a public footpath. That probably followed later.

I wouldn’t dismiss website access to lawyers, I contacted one regarding the licensed access for my neighbour, he advised on the cost of getting a licence drawn up (£350-450 + vat), but also told me how to draw a licence up myself. All for the fee of £28.

Yes you are right, servitides generally cover neighbor access etc

My house used to be a dairy farm house, which was split into 3 houses, then the middle house was absorbed by my house, the house number just disappeared (couriers hate it because next door don't have a house number and it really confuses them) to be honest I think it was originally about access to the rear of the property when the house was 3 dwellings as there is mention in the deed about access to a gate which no longer exists, over time the path has been extended outside of my boundary and leads to the estate behind my house.

The council actually assumed it was theirs and have paved it, put railings up and a street lamp at some point and only recently due to my enquiries they have realised I own the land.

I think it will be ok, as I said just chancing my luck for some advice! My solicitor is actually very reasonable with minor enquiries so I think I'll contact them just to make sure everything is ok.

 

[Seadog]

Right, I've just had a chat with my friend and, whilst this is English law it may be of use.

Do your deeds define the right of way/access, i.e. is it walking or vehicular? If that isn't stated then provided you're not stopping people having access you should be OK.

Erect a cheap fence to give you the access you need and see what happens.
If the council have no interest then they won't be hassling you.

Or, who uses it on a regular basis? Speak to them and see if you can all agree on what you want to do.

 

[grim_d]

@Seadog.

Thank you for asking!

The area is defined on my title plan as a separate coloured shaded area however no measurements are given. It's pedestrian access only. As I mentioned before, my boundary fence actually cuts a corner of my property off for the sole purpose of allowing access to the footpath extension, something I 100% do not legally have to abide to...give a bit, take a bit?

100% I would not be impeding access in any way, most people probably wouldn't even notice.

People who use it? Everyone going to and from the estates behind my house, many people going to and from the doctor's surgery there and soon many people going to and from the new nursery that's to be built.
Basically id have to talk to the entire village.

I'd put a toll on it if I could....

 

[Seadog]

Well then, it's pedestrian only, I guess. So go for the cheap fence option and see what happens.

 

[grim_d]

Bu**er it...bring on the fence.

As long as @gaz1 doesn't complain I'll be fine.

 

[gaz1]

well im complaining

youve gone and built a stupid high fence at side cant get through for it and why does it have to be so far over


when it was just there near the house was an easier short cut then

rotten git hasnt even allowed enough space for a dual buggy to get through

arrogant so and so

all because they want there own ay all the time cant abide those people ...

 

[grim_d]

rotten git hasnt even allowed enough space for a dual buggy to get through

You're right, I haven't...

I've left enough for a triple buggy.

 

[skotl]

A couple of people have mentioned that there's no right-to-roam in Scotland which, I must admit, is what I always thought until corrected by the smartest person I know (my wife).
Turns out that The Land Reform (Scotland) Act 2003 specifically lays out the right-to-roam across both private and public land, as long as this is done "responsibly". It's worth noting that this precludes motorised vehicles, which is why off-roading on public land is legal in England but illegal in Scotland.

Anyways; tons of info on't'web, but this is a nice concise version: https://www.scotways.com/faq/law-on-statutory-access-rights

Back to the OP - seems like you've been perfectly reasonable so I doubt anyone can see fault in your plans (from, as roofman says, one of our expert lawyers/scientists/doctors/engineers/mathematicians )

 

[grim_d]

A couple of people have mentioned that there's no right-to-roam in Scotland which, I must admit, is what I always thought until corrected by the smartest person I know (my wife).
Turns out that The Land Reform (Scotland) Act 2003 specifically lays out the right-to-roam across both private and public land, as long as this is done "responsibly". It's worth noting that this precludes motorised vehicles, which is why off-roading on public land is legal in England but illegal in Scotland.

Anyways; tons of info on't'web, but this is a nice concise version: https://www.scotways.com/faq/law-on-statutory-access-rights

It's often misinterpreted/referred to as "no trespassing laws in Scotland", which of course, is complete rubbish.

 

[brightspark]

stick a bull in the field or a tup ram then see if they roam or rather sprint. used to get people coming in to my small field to retrieve there footballs off the school footy pitch they couldn't half sprint and do the high jump over fence when I let my Doberman out it was class .had many a good laugh

 

[RonA]

A hell of a time? Our farmers seem to deliberately block rights of way or move them with impunity. No matter how many people complain they still get away with it. And that's in the Brecon Beacons national park!
I had awful trouble with a farmer when I lived there. He wouldn't even let BT on his land even though they had all the legal rights - they didn't want the hassle. One old bloke and his wife making everyone's lives a misery.
And it isn't as if he had owned the land for generations. He bought it 1 year before we moved in!
We were only tenants and never did anything bad to him - always tried to be nice and polite etc but seem people just have sour natures.
He even got the right of way that had been there since the Bronze Age moved into our garden as he found some map from Victorian times that was clearly wrong but that is what they went by!

We had a farmer at nearby Hartlepool who persistently blocked rights of way. The local council pathways officer was always at the farm. Eventually they lost patience & when taken to court finally he received a custodial sentence for his threatening behaviour. It all depends how keen your council are to apply the law of the land.
RonA

 

[Hopefuldave]

I had some serious problems with kids doing D of E. We had a ford and the idiots used to chuck big rocks in there as stepping stones or just for fun. Not funny when you hit one in an Insignia lurking just below the surface

Possibly worse, mate of mine goes green-laning and uses a causeway / ford which is part of a BOAT at Hayling Island, "yacht club" decided it was a Good Idea to dredge it so they could get fixed-keel fashion accessories further upriver, cost them a written-off brand new Dodge 4x4 on their insurance, fine for obstructing a public right of way and quite a few grand to reinstate the causeway... If they hadn't put up pics on their website of the dredger at work they might just have got away with it? The 4x4 might have made it if the snorkel was a few feet taller (and its driver had had SCUBA gear).

Dave H. (the other one)

 

[brightspark]

stick a bull in the field or a tup ram then see if they roam or rather sprint. used to get people coming in to my small field to retrieve there footballs off the school footy pitch they couldn't half sprint and do the high jump over fence when I let my Doberman out it was class .had many a good laugh

just remembered a bloke in shorts came to my house and said look what your dogs done to me . his shorts were ripped and his leg was all scuffed and red. the dog saw him off after he jumped my fence to take a shortcut but didn't jump high enough on the way out and caught himself on the uprights I just said see ya mate and shut the door on him that's your hard luck . I miss that dog she was the best