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Home > Off Topic > advice needed re footpath |
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toeknee Member Since: 14 Feb 2009 Location: out and about Posts: 1509 |
Don't know which department has contacted you, but it might be worth speaking to the Rights of Way Officer, they may be able to offer advice |
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30th May 2013 10:26 pm |
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fisha Member Since: 28 Aug 2012 Location: Scotland Posts: 299 |
In the same way that you have done, maybe the council are looking at their deeds and seeing that they dont own the land either ... leaving them thinking that beyond maintaining the right of way for a footpath ( i.e. not much more than a footpath and not the size of a tarmac'ed road ) its not their responsibility, and have assumed that as the metalled road leads to a stops at your house, that the road surface is your responsibility ( and all that goes with it ).
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30th May 2013 10:59 pm |
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realspeed Member Since: 26 Mar 2011 Location: East Sussex Posts: 574 |
he is the guy causing all the trouble
THE LANE IN QUESTION. MY PLACE IS BEHIND THE TREES BEHIND THE LARGE FIELD ON THE RIGHT Realspeed Ex 2010 Freelander2 GS-e Diesel manual Silver owner |
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31st May 2013 12:01 am |
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Steve D Member Since: 19 Jan 2013 Location: Essexshire Posts: 4103 |
Where's that Doctor when you need him? Past: FL2 TD4 HSE Auto
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31st May 2013 5:39 am |
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Legoman Member Since: 04 Nov 2012 Location: UK Posts: 319 |
You can't be responsible for something you don't own and therefore don't control. That said, as regards your access road where it runs along the right of way. You have adapted it to your uses. The Council are merely putting you on notice that they won't accept responsibility for the use of it that results in accidents. |
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31st May 2013 5:48 am |
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nicedayforit Member Since: 06 Feb 2012 Location: Beside the Solway Posts: 114 |
If you are not the Landowner you have no legal responsibility for the footpath and as such have no responsibility for it's upkeep.
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31st May 2013 5:57 am |
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defenderben Member Since: 17 Aug 2012 Location: Tavistock Posts: 171 |
Looking at it from Google maps that is an old lane or drove way that continues on way past your place In fact I think it linked up with Jacobs hill lane at the other end. It looks more like it has been left to shrink down to a footpath with the hedges growing in on it, it may be a green lane adapted to a footpath, it does not cross fields as such as footpaths by tradition linked places by the straightest line and went across fields rather than navigated around them and is in its own right a separate piece of land. Needs a ROW expert
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31st May 2013 6:08 am |
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Legoman Member Since: 04 Nov 2012 Location: UK Posts: 319 |
Rights of way are peculiar legally. You can have two or more opinions, but it would need to be settled by a court. Sometimes it's not worth the battle. |
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31st May 2013 6:49 am |
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Mona Geeza Member Since: 22 May 2010 Location: Devon Posts: 1293 |
You need to contact the Land Registry and ask them who it belongs too, they are the only ones who really know. |
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31st May 2013 8:01 am |
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pab Member Since: 28 Aug 2012 Location: Now in Mid-Wales Posts: 2006 |
As has been said, RoW laws can be complicated, and common sense doesn't always apply! You really need a proper legal opinion (and that's definitely not me!), but questions which might be worth asking include:
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31st May 2013 8:24 am |
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papa smurf Member Since: 25 Sep 2012 Location: Brighton Posts: 214 |
Sounds like a job for Doc... or the boys Iain |
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31st May 2013 8:28 am |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4615 |
Greetings. I can give preliminary advice here before further research at a convenient moment.
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31st May 2013 12:41 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4615 |
Just to clarify, the 1984 Act refers to people that are not visitors of the occupier, not just trespassers. LL.B (Hons) - University of Derby
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31st May 2013 12:46 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4615 |
At long last I have satisfied my curiosity on this subject. What I stated earlier was off the top of my head from a subject covered 4 years ago but I have just read my lecture booklet again. The basic outline above is ok but the authority of
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31st May 2013 5:14 pm |
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