Claimed public right of way

Claimed public right of way

Postby jdfi » Mon Jul 10, 2017 1:44 pm

Hello all,

Went to view a property over the weekend that the wife likes.

The council's right of way map shows a claimed path through the back garden (that goes behind 20 houses, all of whom have bought or adversely possessed the old railway line at the back of their house).

This particular house has absolute title for its bit of railway trackbed.

The claimed footpath is not accessible as all properties (in particular the end two) have secure fences.

Do we have much to fear (when the PROW team with their inevitable backlog eventually look at this claim) and would anyone with a crystal ball like to guess what form any future path may take?

3 feet wide to allow for a pram, with the council paying for a new fence would be fine, but an order to give the full 20 feet over to public use would not.
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Re: Claimed public right of way

Postby MacadamB53 » Mon Jul 10, 2017 5:47 pm

Hi jdfi,

3 feet wide to allow for a pram, with the council paying for a new fence would be fine, but an order to give the full 20 feet over to public use would not

that would depend upon the details of the claim.

generally speaking, however, the full available width is likely to be considered where the highway subsists unless there's evidence to indicate otherwise.

Kind regards, Mac
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Re: Claimed public right of way

Postby Clifford Pope » Wed Jul 12, 2017 7:59 pm

A railway line can't be an ancient right of way, it must have been granted subsequent to the line closing?
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Re: Claimed public right of way

Postby jdfi » Sat Jul 15, 2017 10:32 am

Clifford Pope wrote:A railway line can't be an ancient right of way, it must have been granted subsequent to the line closing?


I actually messaged the parish council and had a reply. Claim was submitted in 1990, railway line closed mid 60s I assume, so quite possible that 20 years was notched up.
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