Right of Way

[soobet]

For over 50 years there has been a footpath across council land onto the canal. People have used this and still do. They are due to build houses on the land and take away the foot path. Does anyone know if we have legal rights to keep this ???

[Count-A-Strong]

Are you sure there won't be access to the canal through the new houses or that the footpath has been diverted around them. If planning permission has been granted there's little or nothing you can do.

[soobet]

Plans have been submitted i think but there is nothing shown on the plans. i thought that there was some sort of countryside law to do with this ?

[Buenchico]

Your local county council (not the district one), or your unitary authority (as appropriate) will hold the 'Definitive Maps', showing where public footpaths are located. That will show whether the route has been officially recorded as a public footpath.

If the path is not on the Definitive Map, you can apply for it to be added. There is no charge for making the application. If no challenge has been made to the public using the route, for a period of 20 years, the council will be obliged to add the path to the map:
http://www.ramblers.o...recorded_right_of_way

Once a path is on the Definitive Map, the council would have to make a Path Order in order to close it. The process is akin to a planning application, in that public consultation is mandatory:
http://www.ramblers.o...mment_on_a_path_order

Chris

[tigerlelly]

I asked a question about something similar last year where a person had 'absorbed' a path into their garden. If the path has been in common usage for 20 years and people are prepared to swear to this then it should be kept as a footpath. Our path was reinstated.

[buildersmate]

An excellent answer from Chris.
The granting of planning consent (or not) changes nothing in relation to whether a small group of you are able to successfully apply for a public footpath to be established across this land - assuming you can satisfy the minimum 20 year rule. And ownership of the land by the council doesn't weaken your case either.