Is it possible to lift a right of way?

[success1980]

Hi all,

 

I bought a small parcel of land (which is directly outside my garage) from the original developer a few years ago. It is at the end of the road and borders my garden ... essentially I bought the last 6 meters of the road.

 

The land has a right of way on it, which has never been used. There is no footpath and the road doesn't lead anywhere, except my garden.

 

Is there a way of lifting the right of way? I read that something called "stopping up order" can be sought? 

 

Just to clarify ... i have no plans to develop or build on it. I'm just a bit particular about something like this.

 

Thanks in advance for all responses.

[MikeSharp01]

Just to be clear by lifting you mean removing the right of way? We sort of looked at stopping up a long time ago because someone local wanted to do it - we, the locals, didn't want them to. Turns out there are a heap of rules, the stopping up regs, AONB and Green belt would have messed with the planning needed to accompany, come before, it - in the end it has to go to the secretary of state so the chap gave up - too difficult. I think you need to wait until you want to develop it and wrap it into the planning with good advice, a following wind and no local opposition you should get it. 

[ToughButterCup]

10 hours ago, success1980 said:

...

Is there a way of lifting the right of way? I read that something called "stopping up order" can be sought? 

...

 

Yes.   In theory. 

But there are people like me who feel it is their job to walk each local footpath, once a year and register the fact that the footpath is open. Your footpath may well be one of those that have been 'walked' and registered. Unless you have evidence that your footpath has never been used, no further action can be taken. The local answer to that problem  taken by some farmers create all sorts of obstructions that make it at best difficult, and sometimes impossible to walk a footpath. Thus the path lapses into disuse. And when that has happened for long enough, they can apply to have it removed from the register.

 

There is a pragmatic approach. Apply to have the footpath re-routed. 

In your case the next question is where to? 

 

Contact your local Footpaths Officer for advice. 

[ProDave]

If nobody uses it, why bother?  Put a fence with an awkward to open (but not impossible) gate to deter anyone from trying.

[Chanmenie]

What was the right of way for ? 
Our plot had a right of way for access to the well (long since filled in) I discovered that as my father in law had purchased both the house and the plot of land the right of way was extinguished as you cannot have a right of way over yourself.

So are you able to establish the original purpose of the right of way 

[success1980]

Thanks for your answers. A few more details to make it clearer.

 

There is no footpath, it doesn't lead anywhere. 

 

When the 20 houses were built 12 years ago, all roadways and open spaces were generalised and assigned a "public right of way" ... that's it, no footpath or anything. I then purchased the small section (road) outside my detached double garage, mainly to ensure i own the land that I need to get to my parking situation - i knew at this stage about the right of way.

 

I hope I can illustrate in words how it looks ... it is a dead end with a fence to your left, directly in front, and my garage to the right. The only way someone can exercise the right or way is to walk on it, turn around a d walk off it again.

 

And yes, I'd like to remove the "right of way" ... the honest reason is that I like things to be simple. I'd like to own what I own ... not "own, but ...".

 

I hope that makes sense. I'm happy to pay the cost of going through the process. And I don't want to do anyone a disadvantage at all ... noone has ever been on this land, nor do I see anyone ever doing so.

[Ferdinand]

An anonymised map would help us comment.

Speak to the Rights of Way team at your Local Highways Authority, which is likely to be Borough or County or Unitary Council.

 

Processes do exist but they can get involved and take time (at least several years). If you find the Minutes of your "Local Access Forum" or "Rights of Way Committee" it may help you understand how it works from ongoing business.

 

Equally, have a look at any material from the Ramblers Association or the Open Spaces Society, who promote public access.

 

If it is a Public Right of Way it is by definition a Public Footpath or similar - even if it goes nowhere. 

 

Also check if it is on a thing called the "Definitive Map", which is also managed by the Highways Authority and is in general terms the authoritative definition. The Definiitive Map may or may not be online - eg Somerset is online, Notts (where I live) is not (bugger).

 

Each RoW has a name and number attached to it, eg "Tunbridge Wells Path 78", which makes it far easier to discuss precisely.

 

There may be notes or agreements etc attached to the RoW Record for that location on the Definitive Map, which will give you more background. Here is an FOI Request I did about one recently which a 'develop' (ie shyster in this case) has blocked up, and is trying to keep the public off the Public Right of Way illegally by gates, fences, loose dogs, "beware of the dog" signs, threatening behaviour etc, which I am working on getting reopened. Feel free to use it as a template if that helps.

 

https://www.whatdotheyknow.com/request/please_supply_information_held_a#outgoing-1518500

 

In this case as it is such a recent build, also consider phoning up the developer and asking them what they know.

 

When discussing these things with your LHA or whoever, What3Words is very useful for talking about geographical locations rather than eg postcodes (which are too big) or Grid References (which are also big) or Lat Long from Google which are things like (52.95333546548519, -1.1495320509882963) .

 

HTH

 

F

 

 

 

[Roundtuit]

What's at the other side of the dead-end?  Sometimes these small areas are designated as 'public' to prevent further development linking up with existing roads.

 

[jack]

Ignoring scale, is it something like this?

[success1980]

Thank you all again for your comments. I have taken an extract from google maps to show to illustrate what I mean.

 

Blue = my garden

Green = my garage

Red = my driveway - essentially the last few meters of the access road. Owned by me.

 

The red part is what I am referring to. It has the right of way on it. The estate was only developed around 12 years ago and I believe this was implemented by the developer to secure planning permission easier. It was a builders merchant before.

 

[ProDave]

Assuming that is another garage just below yours in the picture, the user of that might need to drive partly onto the bit in front of your garage to turn in or out.  So a right of way is needed for them.

[saveasteading]

4 hours ago, ProDave said:

right of way is needed for them.

And might it allow turning at the end of the road? Your area looks almost like a hammerhead. 9

[success1980]

No turning at the end as it's only two houses, mine and another one (the second garage). The left half of the red area are shrubs.

 

You are right though, I may just leave it as it is. The neighbour may want to use it to get in his garage in future, even though he didn't for years.

 

Thanks for the advice