Roscoe Posted March 16, 2015 Share Posted March 16, 2015 Good evening everyone, I'm after some advice on a couple of things. I brought my house last September, all of the houses on my side of the road have a pathway around 2 metres wide that runs across the back of the gardens. This pathway had been used for access for the old allotments that no longer exist, Houses have now been built on the land. The pathway is now in a mess and has not been used for around 15 years. (Blocked with weeds and brambles) On my HM land registry plan which shows my boundaries it states the part of pathway directly behind my garden is owned by myself and the same for each neighbour. It has written that the pathway/access way must be kept clear by myself and the rest of the houses owning the section directly behind there gardens so that access can be gained to the allotments (which remember no longer exist) Where do I stand with clearing this land directly behind my garden and fencing it off so it is then within my garden? I'm not sure where to go next as this land is obviously not owned by the council. None of my neighbours have cleared the area's behind there gardens and done what I am proposing to do. I have asked a either side of me and they are also not sure where they stand with this even though they confirmed that we do own the land. Thanks Ross Quote Link to comment Share on other sites More sharing options...
DoogyRev Posted March 16, 2015 Share Posted March 16, 2015 The council/planning dept would be the first place to go. If the path is registered as a byway . . then you may have to apply to turn it back to residential, and all of your neighbours would have to do the same. Only then could you move your fence back. 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted March 16, 2015 Share Posted March 16, 2015 Sounds pretty clear to me. If you have a covenant stating you must keep the pathway clear for access, then you cannot fence it off inside your garden. 1 Quote Link to comment Share on other sites More sharing options...
gsexr Posted March 16, 2015 Share Posted March 16, 2015 what ekona said. By stating you have to ensure its clear is done so that you cannot block the access for others. Its also yours so the cost of clearing it is not down to anyone else. Standard with alleyways to garages to stop anyone blocking the access.You are all made responsible for your bit to ensure no one does what your thinking. If its no longer used and all parties agreed you may be able to get the planning to agree for you all to extend your gardens. A long shot but you never know. 1 Quote Link to comment Share on other sites More sharing options...
Roscoe Posted March 16, 2015 Author Share Posted March 16, 2015 Thanks for replies on this! I am very interested in looking into this further as explained the pathway leads no nowhere or not to the original stated allotment garden land. It doesn't mention anything about access to the rear of our gardens as these are obviously all fenced off. But as mentioned getting the access removed from this land will probably be a lot more hassle than it's worth. I will look into this further. Thanks Ross Quote Link to comment Share on other sites More sharing options...
glrnet Posted March 16, 2015 Share Posted March 16, 2015 PM ioneabee 1 Quote Link to comment Share on other sites More sharing options...
DoogyRev Posted March 16, 2015 Share Posted March 16, 2015 PM ioneabee +1 . . . . and make sure you have a little step ladder so he can see over the fence 1 Quote Link to comment Share on other sites More sharing options...
ioneabee Posted March 16, 2015 Share Posted March 16, 2015 not such a little step ladder if you please as far as i can tell - if this path is marked down on council records as PROW (public right of Way) .... even though its your land - you can't fence it off but you can apply collectively to have it removed as such .............. but don't hold your breath 1 Quote Link to comment Share on other sites More sharing options...
DoogyRev Posted March 16, 2015 Share Posted March 16, 2015 not such a little step ladder if you please Sorry Andy . to the OP . . best get a massive step ladder Quote Link to comment Share on other sites More sharing options...
ioneabee Posted March 16, 2015 Share Posted March 16, 2015 Quote Link to comment Share on other sites More sharing options...
Roscoe Posted March 16, 2015 Author Share Posted March 16, 2015 not such a little step ladder if you please as far as i can tell - if this path is marked down on council records as PROW (public right of Way) .... even though its your land - you can't fence it off but you can apply collectively to have it removed as such .............. but don't hold your breath Is there any chance that when the council sold off the allotment land to have houses built on they would have removed the ROW access off of the pathway or does this sort of thing not happen? Sorry still new to all this. Thanks Quote Link to comment Share on other sites More sharing options...
ioneabee Posted March 16, 2015 Share Posted March 16, 2015 unlikely - but the records/maps are open to public inspection Quote Link to comment Share on other sites More sharing options...
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