Public footpath through garden

loveka
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Public footpath through garden

Post by loveka » Mon Feb 12, 2018 10:45 am

I want to buy a house, however there is a public footpath shown on the definitive map which runs through some woodland behind the house then through the dining room (an extension) and into the front garden. On the definitive map the path just stops in the middle of the garden, and doesn't link with any other path.

On the ground, this footpath is impossible to walk, as the part behind the house is very steep, almost a sheer drop.

There is a 'real' footpath which is clearly sign posted with council signs. This path comes through the woodland and goes around the side of the house then joins the pavement/road in front of the house. In the woodland this path is shown on wooden plaques as the footpath to the village the house is in. However, this footpath isn't on the definitive map! It is on the ordinance survey map though, and the one running through the house isn't.

This has come up on a search, from a previous buyer who pulled out because he couldn't get a mortgage.

No one has ever asked to use the footpath on the definitive map or enquired to the council about it. The house has been there since 1600!

However, the council say the footpath has to be diverted officially to where it actually is on the ground currently. There has to be a consultation and the process will take a year.

I need a mortgage and I am concerned I am going to end up spending lots of money only for the mortgage company not to lend on it. I have had 2 houses fall through and have lost an awful lot of money. I don't know whether I should just walk away.

It is so frustrating as common sense would seem to say that there is a mistake on the definitive map!

MacadamB53
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Re: Public footpath through garden

Post by MacadamB53 » Mon Feb 12, 2018 11:52 am

Hi loveka,

what evidence is there that a mistake has been made on the definitive Map? rather than a PRoW that nobody uses has been built over?

kind regards, Mac

loveka
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Re: Public footpath through garden

Post by loveka » Mon Feb 12, 2018 12:03 pm

Oh, well there is no evidence of a mistake. Or evidence that the footpath was ever used by anyone. The line on the definitive map was built over though, the extension was built in 1990.

Due to what is on the ground, the evidence is that the footpath would never have been used by the public as it is so steep

MacadamB53
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Re: Public footpath through garden

Post by MacadamB53 » Mon Feb 12, 2018 12:47 pm

Hi loveka,

the evidence that the footpath was used is its entry onto the Definitive Map and Statement - to suggest things get on there by chance or without due diligence is folly.

the long and the short of it - forget working out why it’s on there and focus on getting it rerouted or else move on.

kind regards, Mac

arborlad
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Re: Public footpath through garden

Post by arborlad » Mon Feb 12, 2018 2:17 pm

loveka wrote:............there is a public footpath shown on the definitive map ........



The map is one half of the document, how is it described in the statement?
arborlad

smile...it confuses people

mr sheen
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Re: Public footpath through garden

Post by mr sheen » Mon Feb 12, 2018 4:41 pm

A mortgage company solicitor (often the same one you use) are likely to pick up on this. Some mortgage companies will be ok with it others may see it as a red flag for a quick sale should you default on the mortgage.
If a public ROW is on the definitive Map, then there is a public right of way. If you want it formally moved then you will have to go through the correct procedures.

You may only get to know the issues if you pursue the purchase.

jdfi
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Re: Public footpath through garden

Post by jdfi » Mon Feb 12, 2018 5:43 pm

Why hasn't the seller dealt with this? Are they the same party who put up the 1990 extension?

Indeed, are documents from the planning application available (online or paper)? There would often be a response from RoW department in there. It is possible that such a response may assist you.

Why not try a good mortgage broker, and explain there is an issue, and ask if they can find a product (maybe at a slightly higher rate) that would allow the issue - then after 18 months you remortgage?

Also, I would want to negotiate something off the price.

If part of the extension was demolished (or left unlocked for people to walk through) could the remainder of the house be mortgageable?

jonahinoz
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Re: Public footpath through garden

Post by jonahinoz » Mon Feb 12, 2018 5:49 pm

Hi,

Is it possible that the original footpath was diverted, but somehow was not taken of the definitve map? If that was the case, would there be any reference to the old ROW on thev new ROW's documents.

John W

span
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Re: Public footpath through garden

Post by span » Mon Feb 12, 2018 8:55 pm

Sounds to me like this is something for the vendor to sort out.

Don't buy it till he does. Or she. Might be a she.

loveka
Posts: 92
Joined: Mon May 26, 2014 2:21 pm

Re: Public footpath through garden

Post by loveka » Tue Feb 13, 2018 4:09 pm

Yes,it is for the vendor to sort out of course, and he is trying. It looks like he will have to wait a year for it to be diverted.

My question is more should I just walk away or continue to pursue it.
We are at the stage that we will have to pay for a valuation, and I just don't know what to do. My judgement is clouded by loving the house.

Interestingly though, people saying the definitive map can't contain mistakes.

On the map the path comes to a dead end in the garden. I asked the rights of way person at the council about that. He said it must be a mistake on the map, and therefore they are going to assume the path carries on for another 30 feet where it meets the public pavement. He said that also means that there is a garden wall in the way as well as an extension!

The current owner didn't build the extension. It had full planning though.

MacadamB53
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Re: Public footpath through garden

Post by MacadamB53 » Tue Feb 13, 2018 5:02 pm

Hi loveka,

just to be clear - nobody who has contributed to this thread thus far has suggested that Definitive Maps cannot contain mistakes.

kind regards, Mac

jonahinoz
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Re: Public footpath through garden

Post by jonahinoz » Tue Feb 13, 2018 6:05 pm

nobody who has contributed to this thread thus far has suggested that Definitive Maps cannot contain mistakes.

Hi Mac,

I suggested/queried, yesterday at 6.49PM, that maybe the definite map could "contain an ommission". :? ie: Path was diverted, new route way documented, but the original ROW not extinguished ... or maybe the extinguished the wrong ROW. Oops!

Would a new ROW documentation contain any reference to the ROW it was replacing?

602

jonahinoz
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Re: Public footpath through garden

Post by jonahinoz » Tue Feb 13, 2018 6:13 pm

Hi ...

Sorry about this, very OT ... When Concorde was pulled out of the hanger for the very first time, everybody noticed the huge ring ariel on top of the fuselage.

"Ok ... who put their coffee mug down on the drawing board?"

I, personally, had to explain how 360off 2" x 3/8" BSF titanium set screws suddenly became 1,360 screws, and were purchased. :shock: It seems somebody further down the line had not removed the carbon paper. Phew!

John W

arborlad
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Re: Public footpath through garden

Post by arborlad » Wed Feb 14, 2018 8:43 am

arborlad wrote:
loveka wrote:............there is a public footpath shown on the definitive map ........



The map is one half of the document, how is it described in the statement?
arborlad

smile...it confuses people

loveka
Posts: 92
Joined: Mon May 26, 2014 2:21 pm

Re: Public footpath through garden

Post by loveka » Thu Feb 15, 2018 6:23 pm

I can't see the statement on line. But I assume it matches the map as the vendor has a solicitor on the case. The solicitor is arguing with the council that they have not kept the map properly as is their responsibility- due to there being a footpath which has been there for at least 20 years, marked by the council on the ground, which the council insist doesn't exist.

I feel sorry for the vendor, as he bought the house in good faith and now can't sell it. Unless someone comes along with cash.

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