Right of way

[tigerlelly]

For the past 50 years plus residents of our road have used a cut through (pedestrians and cyclists only) to a parallel road and vice versa. The properties on either side of the cut through were fenced off and the 'road' a kind of no man's land, although a little cottage at the back of my grandfather's house had it as its only access. It is wide enough for a car up to the cottage and then becomes a footpath.
The little cottage has been sold and is now a huge house. The owner has fenced off the cut through and says that the land is his. My grandfather, who died many years ago always said that the land was council owned and the council has certainly been cutting weeds and overhanging vegetation until last December. Now the council is saying that it has no idea who owns the land and that residents should 'negotiate' with the new owner. It is hard to negotiate with someone who screams abuse as soon as you approach!
Surely as this cut through has been in constant use for 58 years to my knowledge, this chap can't just block it off even if it does turn out to belong to him?
Any advice, suggestions, gratefully received as this short cut saves a lot of time and is a direct route to the village.

[Buenchico]

Quote:
"Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it"
Section 31(1), Highways Act 1980:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=highways&Year=1980&s earchEnacted=0&extentMatchOnly=0&confersPower= 0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageN umber=1&NavFrom=0&parentActiveTextDocId=219813 7&ActiveTextDocId=2198186&filesize=22191

Further information:
http://www.ramblers.org.uk/rights_of_way/knowl edge_portal/rights_of_way_law/coming_into_exis tence.htm

Chris

[cassa333]

The council should know that!

Have a look at gardenlaw.com they have some experts on their.

[buildersmate]

There are also a few experts on here, Cassa!

Firstly I assume you live in England / Wales - not sure of the law elsewhere.
Chris has quoted the legislation, and based on what you say, you and the near neighbours should be able to make an application to the local council to get this route added to the definitive map. This is the map that shows all Public Rights of Way (ROW).
With a ROW, the land on which the path sits is (generally) still physically owned by the landowner, but the public has a right to pass/repass. After 20 years of regular use without formal 'permission', a path can become dedicated as a public ROW. This is afterall how all the footpaths / bridleways in our country came about, centuries ago.
What it will require is a number of local residents to make statemnets that they have been using the path for x years. It isn't necessary for a minimum number of people to show that they persoannly have been using it for 20 years - so you can get an old boy who doesn't get out much these days to declare he used it between 1978 - 1994 say, then others to give different overlapping dates.
You need to talk to the ROW Officer at your local council. Here is some information from N Yorkshire Council on the subject - just as an example for their process. There should be no cost of applying - the council is there to help on this sort of issue. Do it soon, or this newcomer will get away with extinguishing the route.
http://www.northyorks.gov.uk/index.aspx?articl eid=4116

[tigerlelly]

Thank you all very much for your help. Two other long-term residents of the road are taking the problem to the council this week. They have probably already been shaken out of their compacency as 'police were called' over the weekend apparently.