We’re the only family on our road that aren’t allowed access to a safe route

[Realitea]

I am so upset right now. We live in a rural lane and the only way to get to the bus stop with my Dd is through another lane which the council have confirmed is a public footpath

Yet our neighbours say they own it and we aren’t allowed access. When I asked what our alternative route was they said a bridlepath. The bridlepath is really muddy and slippery and dark. Also if a horse comes along we have literally nowhere to stand and it’s quite dangerous.

Wtf do I do? I’ve only just moved here! The neighbours are in very close proximity so a fall out would be horrendous.

Yes she has - that was discussed on her earlier thread and I suggested she obtain the title register and plan for the neighbour saying she couldn't use the path.

Actually OP - it has just occurred to me that the neighbours may be making your life difficult because relations with your LL have broken down for some reason. I would be tempted next time you are challenged over using the path to say that you have the documents which show it's a public right of way and have confirmed this with the council and the land registry (I doubt they will question this, but don't go into detail). Then say you have done nothing to harm them or their property in using the public right of way and whatever their beef with your LL is is nothing to do with you and you'd appreciate it if they would stop trying to involve you and your children.

Ah, that’s rotten op. Sounds like you’ve unwittingly moved into a place with a long-standing rights of way issue. Know it’s hard but don’t take it personally and stand your ground (literally if you’re using the path!).

This page is v helpful:
www.ramblers.org.uk/advice/rights-of-way-law-in-england-and-wales/basics-of-rights-of-way-law.aspx

Also echo the other posters in encouraging you to contact the parish council (check who is on it first though). It’s also a good idea to have a word with your local community police officer. You have been told by the Council it is a public footpath and your neighbours towards you and your children is intimidating and could already be viewed as harassment. Who shouts at a child for walking on a footpath?

Also suggest you contact your local Councillor(s) and MP to make them aware of the situation re: the path. If it is a long-standing issue you may find they are well aware and can reassure you.

You also need to make the landlord aware there is an issue with the footpath (ask letting agents for the landlords contact details which you are legally entitled to).

Lastly, also worth asking the Council if they have a mediation service for neighbour issues. Hopefully it won’t be needed once the neighbours see you’re standing your ground and know your rights but useful to have in the back pocket just in case.

Lastly, don’t worry about falling out with the neighbours. This sounds very much like a long-standing attempt to remove the footpath from public use. It’s a v common problem and all you need to do is be polite, persistent and keep repeating ‘I’ve been told it’s a public footpath’.

Print off the map with the public footpath highlighted. Wankers.

Contact Ramblers - they probably move quicker than the Council.
www.ramblers.org.uk/advice.aspx

Could it be that the path is theirs and they infect out it in for their own use then the council has just seen it one day and presumed it’s theirs? If the bridle way is as bad as you say and they have children they might of done it for their own ease and let other neighbours(friends) children also use it.

Unusual for a public footpath and a bridleway to be that close together.

Are you sure what you are calling the bridleway isn't the marked footpath and the route you are taking isn't what you assume is the footpath?

@Beamur do the deeds to a property and the plan not show if there's a public right of way over land in private ownership and its route? I always thought they did.

I would be on to your landlord too. Their property is worth less if there is no decent access and they should be clear about the legalities.

If you don't feel up to confronting them or to try and resolve amicably, do you have an assertive friend willing to walk the route to put them straight and/or say their rambler group are happy to use the route every month if they don't stop harassing people (you and your DC?) quietly using the footpath?

what Jessbow says. It is a bit odd to have a footpath and bridle way doing the same job, as it were. I think someone, maybe the council, has genuinely made a mistake. I'm just saying, before you get on your high horse, so that you don't have to climb down again.
They sound horrible. Such a shame for you.

What does the bridlepath show as? Does what you've seen show both the lane and the bridlepath as a public footpath? Logically, it should do.

If you own land and allow others to use it as a footpath when it is not one you could diminish the value of your property which is why landownjers will often put up signs saying something is private land with no right of way (when there is no legal right of way which may be the case here as the council are still looking into it). Do check the deeds showing your landlord's ownership and the title to the footpath land and plan . It will only cost you bit per title to download.

Do not rely on the ramblers' association. It's a council matter.

Going back to what Jessbow said about the bridlewsy and path being close together.
If you have the map on your phone could you take a screenshot (without any identifying names)

I have OS maps on my phone and when it’s zoomed into path level it easy to see where the path is.

Per lexilooo

Contact the Ramblers Association. This is a right of access due to public footpath issue. If the owner of the land can prove it is no longer in use they can have the right removed. The benefit to the landowner is potentially increased privacy and value of the land. The Ramblers Association are very good at keeping right of ways open by organising walks via at risk right of ways and any required legal action.

If your neighbors keep hassling you, keep a diary, report to police and pass info to Ramblers.

Your neighbour upset your 8 year old child whilst trying to illegally prevent his right of access for their own financial benefit. I wouldn’t be worried about upsetting them.

Hope you get the best outcome for this, OP.

As mentioned above, I would contact Ramblers - you can notify them online - here

It will ask you to login but you can notify without. They're pretty hot on being denied access to public footpaths. Good luck!

They're not in the slightest bit concerned about a good relationship with you are they?

I suggest you print off a copy of the definitive map and put it through their door with a polite note saying you are simply trying to clarify the position; so could they let you know the basis on which they say it isn't a public footpath so you can take this up with the council. You could perhaps suggest that if it's not a public footpath it would be in everyone's interests for the council to be persuaded to maintain the bridlepath better but they have no incentive to do that whilst they think there is a footpath there. With any luck a bit of schmoozing will head off a fight, and if they realise that actually they can't justify what they're claiming they might back down.

Is there any vehicular access to your house then? Removal van? Post and other deliveries? Or is it just a longer way round to the bus stop and the footpath is shorter?

My son tried walking through there the other night and got shouted at and marched to the bridlepath

I'd report that to the police. It sounds like harassment or threatening behaviour.
Tell your landlord this is happening. They should know if it's a right of way.
I'm unsure about this but I think a right of way can cease to be a right of way if it isn't used as such for a year.
And keep on hassling the council.

Ownership is a red herring.

The council do not own the land that footpaths are on, that land is owned by individuals.

There are different types of footpaths, usually the Council are responsible for repair and maintenance of the footpath surface and clearing weeds and brambles.
The council have maps and lists of all the ones they are responsible for and all the different classifications.

However, if you buy a property that has a designated footpath on it, you do own the land it's on but you have absolutely no right to stop people using it.

Wasn't Jeremy Clarkson involved in a spat like this some time ago?

@Realitea don't spend time on phonecalls, Make an appointment with the Council to go and see their footpath records, then make another appointment with their footpaths inspector to meet you at the footpath and let you know exactly what your rights are.

This is the sort of story the Daily Fail loves to report on complete with valuations of the "snobby-shit neighbours from hell" houses and sad-faces of the path-denied.

If its on the county council's definitive list then it should be ok to use, I don't think it ceases to be a right of way if it isn't used for a year.

Could you feign politeness, and go around with a print out of the map you've seen. "Oh now, let's work together to sort this out, shall we? This is what I've seen which seems to say it's a public footpath. Obviously if this is right, it's a much safer route for us, so we'll continue to use it. But if this is wrong, I don't want to be using your private path. What documentation do you have, shall we compare?"

I mean, they do sound awful. But you could go in with optimistic politeness and take it from there. You'd probably need to be quite cheerfully firm though.

I had a similar situation when I lived rurally.

There was a lane which I owned as part of my property. It was private.

Parallel to it (separated by about 2m of verge and hedge) was a bridle path which was public footpath/right of way.

Do you know how many tossers tried to walk down the lane because it was paved / easier to walk on? Made worse by the council telling them it was public access when they explained badly what they were trying to use.

Are you sure you've explained EXACTLY what it is you are trying to use to the council?