Buying a house with an unused footpath
Discussion
So clearly I will get legal advice from my solicitor, but I'd be interested to get "ahead" of the game.
I am looking to buy a house with a field. There is a footpath that runs down the side of the field. Not a problem and the vendor was up front about it, and said the path was in disuse.
It's about 500 yards long and really rather pointless as it runs parallel to the (very quiet) country road which is 50 yards further on.
Having had a poke about, it is indeed disused and pretty much impossible to walk. In places the nettles and brambles are 8 feet high. I had to divert onto the field to get to the end.
I am awaiting the full details of plot/boundaries - it's not been registered with Land registry (Wales you know) and the field was a result of a swap with farmer for a car in the 70s (I've not been able to find out what car). So I've yet to confirm exactly where the boundaries lie with respect to the foot path, but I have been told on "my land".
I understand that the local authority are responsible for the actual path, but anything on 'my' land overgrowing onto the path would be down to me.
Whilst I suspect the footpath will remain disused. I don't want some rambler complaining to the local authority and I suddenly have to clear 10s of years of vegetation, probably including wielding a chain saw.
Anything I can do to protect myself? Are indemnities an option against future costs? Anything else I should be asking the vendor?
I am looking to buy a house with a field. There is a footpath that runs down the side of the field. Not a problem and the vendor was up front about it, and said the path was in disuse.
It's about 500 yards long and really rather pointless as it runs parallel to the (very quiet) country road which is 50 yards further on.
Having had a poke about, it is indeed disused and pretty much impossible to walk. In places the nettles and brambles are 8 feet high. I had to divert onto the field to get to the end.
I am awaiting the full details of plot/boundaries - it's not been registered with Land registry (Wales you know) and the field was a result of a swap with farmer for a car in the 70s (I've not been able to find out what car). So I've yet to confirm exactly where the boundaries lie with respect to the foot path, but I have been told on "my land".
I understand that the local authority are responsible for the actual path, but anything on 'my' land overgrowing onto the path would be down to me.
Whilst I suspect the footpath will remain disused. I don't want some rambler complaining to the local authority and I suddenly have to clear 10s of years of vegetation, probably including wielding a chain saw.
Anything I can do to protect myself? Are indemnities an option against future costs? Anything else I should be asking the vendor?
I worked on a new build development years ago that made the national news over similar, an unused VERY overgrown public right of way just happened to go straight through a new house (developer didn't bother getting it altered as it was unused and overgrown),a nice new public footpath was approx 10ft from the original so developer thought all was well, that was until a retired local with nothing better to do caused an uproar over the existing ROW, developer ended up returning the deposit plus a bit extra to the couple who had reserved the house,they removed all internal doors/radiators/kitchen etc taking it back to a painted shell until it was all sorted.
The best solution is for the vendor to buy an insurance policy for you at the time of exchange of contracts to deal with any potential issues.
They’re not that expensive and it is an interesting test to put a vendor under if they have been waxing lyrical about how the path / boundary etc doesn’t matter.
The policy can also include cover for costs arising from potential general boundary disputes etc.
They’re not that expensive and it is an interesting test to put a vendor under if they have been waxing lyrical about how the path / boundary etc doesn’t matter.
The policy can also include cover for costs arising from potential general boundary disputes etc.
Surely if you are buying a house with a field you are going to have something mechanical to cut the field and the lawn in the garden. Why cant the same device cut the footpath?
The footpath will only need clearing once, and once it is cleared keeping it clear will be a fairly simple task.
The footpath will only need clearing once, and once it is cleared keeping it clear will be a fairly simple task.
Saleen836 said:
that was until a retired local with nothing better to do caused an uproar over the existing ROW
Not the only one, one in this vicinity 20 years ago didn't work out so well for the oldie with the 'initial solution' 
https://www.manchestereveningnews.co.uk/news/great...
speedyguy said:
Saleen836 said:
that was until a retired local with nothing better to do caused an uproar over the existing ROW
Not the only one, one in this vicinity 20 years ago didn't work out so well for the oldie with the 'initial solution' https://www.manchestereveningnews.co.uk/news/great...
They could hold a poll for 30 days to see which is preferable, and close whichever one loses.
I'm all for defending rights of way, but there should be some reasonableness or flex built into the process.
Edit: in fact, for comedy purposes, the council should insist that as soon as a person reaches half way along the tunnel, a huge boulder is released that rolls along the tunnel behind said rambler. The boulder should of course be made of polystyrene.
Edited by Ian Geary on Sunday 16th August 18:42
Unless you're planning to build over the right of way, which I assume you're not because you come across as a sensible person, then there's not much to protect against is there? Like you said it's a fairly small chance of having to clear away a load of undergrowth - if it's too big a job to do yourself (sounds like it) then even getting somebody in to do it won't be hugely costly, especially as they wouldn't need to take the waste away (just burn it in situ). My parents had to do similar with a whole field that had been neglected for a long time, a local farmer ripped through it in no time and didn't want much for it. In the context of the purchase of a house costing (I presume) several hundred thousand pounds it's neither here nor there really.
Ian Geary said:
speedyguy said:
Saleen836 said:
that was until a retired local with nothing better to do caused an uproar over the existing ROW
Not the only one, one in this vicinity 20 years ago didn't work out so well for the oldie with the 'initial solution' https://www.manchestereveningnews.co.uk/news/great...
They could hold a poll for 30 days to see which is preferable, and close whichever one loses.
I'm all for defending rights of way, but there should be some reasonableness or flex built into the process.
Edit: in fact, for comedy purposes, the council should insist that as soon as a person reaches half way along the tunnel, a huge boulder is released that rolls along the tunnel behind said rambler. The boulder should of course be made of polystyrene.
Edited by Ian Geary on Sunday 16th August 18:42
Ian Geary said:
The die in a ditch brigade who insist on some following some arbitrary line can now choose between their sacred line on a map, or a pragmatic walk round the perimeter of the building.
That reminds me of the time we had a short contract at a rendering plant, we were installing an ice maker round the back of the plant, but the canteen was round the front. There was a choice of two routes, one went through the factory, and one much longer one round the outside. Everyone had one go wlaking through the factory, before deciding that they would rather walk round the outside...If it's on the edge of the field as you say then I wouldn't worry too much, yes it's up to you to make it useable and safe - but thats probably a once or twice a year job. Nothing stopping you from running a stock fence along the field side of it as well to keep 'em Orf Your Land too. 
Assuming its a grass field you will be mowing it, so cant you just clear the footpath once then mow it like the rest of the field? unless I am misunderstanding you; you will then just have a mown area of field, that also happens to be the footpath' running along the edge of the field?
To clear it the first time you can hire a flail mower or similar to chomp through it for about £80 - £100 a day https://www.youtube.com/watch?v=4TvWIqgTc4U
To clear it the first time you can hire a flail mower or similar to chomp through it for about £80 - £100 a day https://www.youtube.com/watch?v=4TvWIqgTc4U
[quote]
I'm all for defending rights of way, but there should be some reasonableness or flex built into the process.
[/quote]
There is reasonableness already in the planning application process - a developer can request a diversion or alteration to a public right of way.
What's not reasonable is to just build a house blocking the route and then expect everyone else to accommodate the developers.
Back the OP...
If the footpath is on your land you will be expected to keep it clear and maintain any gates or stiles etc. Like others have said, this is not really onerous. It might be disused at the moment because it is so overgrown.
I'm all for defending rights of way, but there should be some reasonableness or flex built into the process.
[/quote]
There is reasonableness already in the planning application process - a developer can request a diversion or alteration to a public right of way.
What's not reasonable is to just build a house blocking the route and then expect everyone else to accommodate the developers.
Back the OP...
If the footpath is on your land you will be expected to keep it clear and maintain any gates or stiles etc. Like others have said, this is not really onerous. It might be disused at the moment because it is so overgrown.
Edited by boyse7en on Monday 17th August 14:17
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