Changing public foot path

[HCR]

Rights of way....

 

Perfectly possible to get a diversion order, but in reality you might end up wishing you'd never started. I'd echo everything that's been said above, with the addition of 'selling' your proposed change as something that is safer/more convenient for walkers.

 

An alternative is to set up a concessionary footpath along the field-edge route (you can even do this through the rights of way dept and get it shown on the OS map) then accidentally allow the definitive route to become 'less attractive'. It's certainly not foolproof and has the potential to come back and bite you, but I've seen it done more than once.

[Tom10]

Lots of red tape!

 

My local landowner done what HCR said above ^

 

Made a grass margin on his field, 6 meters wide and he cut it regularly so walkers could walk MORE comfortably around his field, as opposed to following the original track right across the middle of the ploughed (at the time) field.

 

Some local busy body made him change it and put up new signs so it was clear to everyone that they should be trudging uphill across the middle of a muddy field instead of the nicely cut grass he had made FOR the local walkers.

 

Good luck!

[MikeTM150]

We've spent the last two years trying to get a bridleway that runs right through a busy farmyard moved around the outside. New route would be safer, cleaner and much more picturesque than current one. Local Authority are happy with it, but some lovely people in the ramblers association think I should move the farm yard and not the path. HSE have made a point of pushing for the move after an 'incident' with some dork getting licked by a cow.

 

But can i get them to agree, I've had fours meetings to discuss it, and they came up with a different route to the one I proposed..... it ran through the little court yard at the back of the farm house, up the garden and through the wife's poly tunnel, needless to say we didn't agree to that! Its just ridiculous, the path was there orginally for farm workers to get to the farm, not times have moved on, its time for a simple little move of the path surely.

 

My experience has been one of banging my head against a wall, but i'm sure they are cases where its all fine and its a good move.

[openspaceman]

Rights of way....

 

An alternative is to set up a concessionary footpath along the field-edge route (you can even do this through the rights of way dept and get it shown on the OS map)

 

This would then be a permissive path as opposed to a right of way. Anyone happy to allow public access by this sort of arrangement but not intending the route to become dedicated as a public right of way should lodge a map and statement with the highway authority to say there is no intent to dedicate the route AND renew this statement every 6 years.

[turbull]

Thanks for the replys . Can I fence either side of the path ?.

[agg221]

Thanks for the replys . Can I fence either side of the path ?.

 

Yes. There's a statutory minimum width, which from memory used to be 3' but is now something like 1.5m. I haven't seen any stipulations over the maximum height, so standard 6' fence panels should be fine. The same footpath that runs through my parents' next door neighbours' place also runs through theirs. It's been fenced for so long that we get away with the 3' width, and use chainlink as it's harder to break down than a fence panel. It also has a bridge in it (we go under, path goes over). Not sure if it's strictly within the rules, but it does the job!

 

Alec

[HCR]

This would then be a permissive path as opposed to a right of way. Anyone happy to allow public access by this sort of arrangement but not intending the route to become dedicated as a public right of way should lodge a map and statement with the highway authority to say there is no intent to dedicate the route AND renew this statement every 6 years.

 

That was exactly what I meant. By having a route designated the highway authority, if they approve, will even waymark it for you. At the very least they would provide you with disks so you can do it yourself. Putting up signs showing that a path is permissive means that (by definition) people are not using it as of right, so can never claim any rights over your land.

[openspaceman]

Thanks for the replys . Can I fence either side of the path ?.

 

Arrgh! Not in my bailiwick if I see the application. I won't oppose a sensible diversion round a headland or away from a yard or dwelling but hemming in a prevously open path will get me going.

 

In fact when a land owner wishes to change the route of a currently fenced in path one of the conditions I strive for is the open aspect.

 

Now where are you

[openspaceman]

Putting up signs showing that a path is permissive means that (by definition) people are not using it as of right, so can never claim any rights over your land.

 

Yes but never is a long time, highways authorities change and lose records which is why my advice, and that of the NFU last I heard, is in addition to yours and is to re affirm regularly.

[HCR]

Yes but never is a long time, highways authorities change and lose records which is why my advice, and that of the NFU last I heard, is in addition to yours and is to re affirm regularly.

 

Good advice too.