Jump to content

A strange one


Rich Pen

Recommended Posts

My appologise for maybe posting on the wrong forum.

My plot is land locked (almost) but I have right of access.I will need a grant of deed easement to make the easiest  connection to utilities for a few meters over a neighbours land to a foot path where fortunately all the services are located.

My only other boundary was another footpath /twitten but about 12-15 years ago all of the neighbours on the other side of that footpath have  encroached up to my plot.This footpath has now been erased from all maps.

At the nearest point of my plot  to the footpath with the utilities in 6meters a encroached neighbour has left a 35-40cm space between his encroached fence and the property where a easement would be required.Basically a portion of the footpath / twitten that my neighbours have encroached over is available in theory for me to trench and gain access to the footpath with the utilities in.

I know it sounds very confusing and a unusuall situation.Any thoughts would be welcome.

Link to comment
Share on other sites

10 minutes ago, Rich Pen said:

.This footpath has now been erased from all maps.

 

I guess you tried the computerised footpath maps maintained by the county council footpath officer? The neighbours may have fenced off the footpath but its not that easy to make a right of way dissappear legally. In addition I don't think they can claim ownership under the rules on adverse possession if the footpath still exists legally.  It might be possible to persuade them to let you run services in return for not creating a fuss about the footpath?

 

I'm not recommending this but... Only a land owner can evict someone from a piece of land. So if you were able to somehow occupy the land you need then the neighbours that did the same some years ago would not be able to evict you unless they legally own it.

 

You can check who owns small pieces of land by doing a "map search" at the land registry. The exact boundary cant be determined that way but they should be able to identify if there is a strip between you and them owned by the council or third party.

 

 

Link to comment
Share on other sites

11 hours ago, Rich Pen said:

This footpath has now been erased from all maps.

I have found our KCC Footpath Officer very helpful in having footpaths reinstated when land owners have tried to block them. There are maps of rights of way.

 

https://www.kent.gov.uk/waste-planning-and-land/public-rights-of-way/rights-of-way-map

 

 

Link to comment
Share on other sites

2 hours ago, PeterStarck said:

I have found our KCC Footpath Officer very helpful in having footpaths reinstated when land owners have tried to block them. There are maps of rights of way.

 

https://www.kent.gov.uk/waste-planning-and-land/public-rights-of-way/rights-of-way-map

 

 

 

If anyone is interested in this area, there is usually a committee at County Council Level called something like "Rights of Way" Committee that are often looking for co-opted members.

 

It is one of the key places to be represented if you are eg interested in cycle routes.

 

Quite often consulted for Planning Apps on various strategic schemes - eg stuff being done by Network Rail.

 

F

Edited by Ferdinand
  • Like 1
Link to comment
Share on other sites

If the owners of the land I need to lay utilities in refuse to grant a easement I would like to place them in the 350cm gap between the unhelpful land owner and the neighbours fence who has encroached over the footpath.See photos.The run would be about 6 meters to the second path were the water and electricity is available.

image.jpeg

image.jpeg

Link to comment
Share on other sites

That just went up from 35cm to 350cm didn’t it?

 

In that case you need to talk to whoever owns the land in the gap.

 

On the footpath The Ramblers of Cycling UK might be interested it actually goes some where, as I think it takes 20 years of obstruction for it to disappear. For the Ramblers you would want the nearest Footpaths Secretary.

 

I hope this is a plot of opportunity rather than one you have paid 50-100k for.q

 

Ferdinand

 

Edited by Ferdinand
Link to comment
Share on other sites

Width of gap is 35cm.

On the attached plan my plot is out lined in red.The area outlined in yellow/green is a paved area with access to all.

The black line at arrows 1 is where my neighbours garden originally ended but now they butt up to my northern boundary.

I hope to get permission to reach the utilities over the yellow/green area.

The 35cm gap which is part of the original footpath that my neighbours have encroached on can be seen at arrow 2.(If you look closely the 35cm can be seen.

Thank you all for taking the time.

 

image.jpeg

Link to comment
Share on other sites

350mm might be wide enough for the services but not sure I could dig a trench in such a confined space. 

 

I think i would use it to bargain a better price from the owner of the yellow land.

Edited by Temp
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...