private road

[maclarencat]

I live in a rural area and there are lots of private roads. (I live on one myself) However a short distance from where I live there is a public right of way which borders a private lane. Someone who lives on the lane has erected a fence along the edge of the road to stop people leaving the right of way and using the private road. My question is can they do this? The private road is not gated and it serves 3 houses.

[maclarencat]

Thankyou. Where are you buildersmate oh Great One Font of all Knowledge. Help me please

[VillageVicar]

If I understand correctly, it sounds as if whoever erected this did a no no. You might get a quicker answer by either asking your council, or actually taking a photo of it and taking it to them.

I wish you every success

Fr Bill

[buildersmate]

Hey, I'm allowed the weekend off, aren't I?

My immediate thought is that they can do this. Private roads don't have to be gated and they are just that - a track that allows a person access to their land (or someone else access over the land, with permission - called an easement).
There are different categories of right of way, footpath, bridleway, byway, restricted byway are the main ones - plus carriageway (a conventional public road allowing access to all types of traffic). However the width of the right of way is established over many years. A footpath is usually the width of a human - say one metre wide but it doesn't have to be. A bridleway is often the width of a horse - say two metres - but again it doesn't have to be. I live on a public bridleway which is about four metres wide - just as well because it acts as our access for our vehicles (how landowners can establish a right of do that is another story - I won't bore you). Originally it was an ancient track to a water mill and was probably busy with horse-drawn vehicles - the mill ceased in about 1850 and the track was never established for public vehicular access. But its wide because it must have been a very busy track 150 years ago. And it is bounded by ancient hedges/ditches each side.
You don't say what 'category' this right of way is and as I've said above there is no standard width. If you are concerned about it, you could try looking at the definitive map showing the public rights of way to see if it is accurately described. These maps are held by the County Council, or by the Unitary Authority for counties run by that system. I suspect you will find that it describes the route, but not the absolute width of the track. What problem is it giving other locals?

[Ethel]

As long as he hasn't prevented lawful access to the right of way so anyone can use it, or lawful access to those with rights to the public road I can't see a problem.

[Twenty20]

Hey buildersmate how come you live on a public bridleway?! You should get a house like the rest of us, stop slumming it!

[maclarencat]

Thankyou buildersmate. The right of way is an old tramway. It is called the mineral tramway and is in Cornwall. It permits vehicles on some sections but mainly it is for the use of cycles and walkers. It was closed as a tramway some time since around the time they closed all the tin mines in Cornwall. I was guessing they could erect a fence because I guessed that they were fencing the road which may be owned by them not the right of way. I am being a bir selfish as if I could use this cut through onto the track it would save me around a half mile walk each way. I have checked the land registry but the property in question isnt yet registered so I dont know about ownership of the road . But thanks anyway. Maclarencat. ps Hope you enjoyed your weekend off!!!!

[colin6789]

Is it a real private road, or just an unadopted highway?.
This is a real thing with me, but I do not want to start a long chain of views.
If the road is open and has no sign saying that it is not a public right of way, not just a private road then it is a public right of way, and if you and other people have used it and the tramway as a footpath for a long time, I think it is 12 years then it becomes a public right of way and you can not block it.

By the way an unadopted road near me tryed it on as a 'Private road' and blocked the entrance to stop commuters from rail station nearby parking car in the road, Police threatened to book them for obstruction.
Also onother road claimed to be a private road until the privatised rubbish collection lorry refused to go down it because of no insurance cover of public roads.

[maclarencat]

I think it is a private road though there is no sign. The road is onlky one car width wide but then so are a lot of roads down here. But I do think it is private as originally it only led to the farm.

[buildersmate]

There's host of factual inaccuracies in the offering above but since the author doesn't wish to 'start a long chain of views' I'll merely leave you a useful-looking link that Plymouth City Council put up on the subject.
http://www.plymouth.gov.uk/usersofprow#5._how_ wide_is