To ask someone not to walk down a footpath at night ?

[Nearlyoldenoughtowearpurple]

We live in the country, at the end of a private lane. This is also a footpath.
For the last few months our dogs have been barking madly about 11o clock at night. We put it down to foxes but I find it really unnerving, especially if dh is away.
One night, just before Xmas, the barking was worse and it sounded like the dogs had got out. It was about 11.30. Dh went downstairs and opened the front door to see if he could see our dog but there was a guy standing on the doorstep. He said that he had come to apologise because he had been walking his dog in the lane and it had got through the fence into our sheep field and he thought it might have chased the sheep . ( sheep all fine in case worried).
He gave dh his card and said that he walks his dog at night as its not good with other dog. From his business card I think he is a bit of a techy up late at night gamer type anyway, who probably doesn't find it weird to be walking at that time.
Since then we have realised that it's his walking down the lane that upsets the dogs as they bark, shut up and then bark again in the amount of time it would take to go past the house to the end of the lane and then back again.
I have his email address, do you think it ok to send him a polite message, just explaining how much this freaks me out and ask him to not walk past the house after a certain time, pretty please ? There is a big field , with a footpath in it, just before the start of our drive so it's not like he couldn't walk anywhere, just not the ten minute walk up the lane past the house and back. Obviously I appreciate I can't stop him, just point out its a bit antisocial?
Am I being precious ? It just really scares me ( and dd)

It dawned to me now because I have had similar issues of noise nuisance from dogs of neighbours in the night, though I live in London.
Some poster said 'there is a whole world of difference between a footpath and a public right of way'. Correct. You may own a footpath but it can be a public right of way. However the lease specifies what you can do on a 'right of way' and what you may not be permitted; and should not cause nuisance. In my block of flats I own all the areas used in common but a flat upstairs has a right of way on foot only. The footpath to my entrance is owned by the downstairs but the lease says I have right of way. Even if the OP's private path is a right of way surely her lease specifies what cannot be done on it and certainly no nuisance is allowed. being a footpath and allowed to be enjoyed as right of way it should not cause nuisance. I feel the OP should read her lease regards the footpath and email the guy and explain him that nuisance is caused and if he can avail. She may invite him to speak in her house if she thinks so. It is her right to enjoy her property without disturbance.

Even if the OP's private path is a right of way surely her lease specifies what cannot be done on it

I would imagine the caveats about its use would all about the OP keeping it open, not about the public not being able to walk on it at night. Right of way means just that; without let or hindrance. The OP appears to think it's OK to ask another person not to use public footpath because the consequences upset her, consequences she has chosen, i.e. dogs that bark, that do the job they're meant to do.

19 pages - I've read them all - but cannot comment without knowing the legal status of said footpath; unless I've missed something I don't think this has been made clear. Op, is it a public footpath, a right of way, or for your private use but you kindly let others use it? If the latter, why not put up a gate and a sign saying no public access between the hours of and . Otherwise you can't stop the chap from walking his dog and it might cause unpleasantness were you to send your e-mail. However, as a country dweller I can confirm that most people living in rural areas would go out of their way to avoid a house with barking dogs in the hours of darkness.

Oops, and then I did comment, anyway!

He's a neighbour. Invite him for a cup of tea, talk about it and see where it leads.

Where does the OP say he's a neighbour?

SirChenjin in fairness, he would have to be a neighbour, otherwise it's very very weird that he's wandering around the lane every night....

Agree Francis

Also iirc it's not "every night"

Right of way means just that; without let or hindrance
I dont think this is the case. Leases have terms always. Right of Way comes under contract/lease and even if it is your own freehold private land this sometimes may have certain responsibilities and restrictions how it can be used. In my lease 'right of way is a special clause saying how to be used and says at length what should not be done on it by anyone. So looking at the Lease and deeds it is important. I have had problems with private paths on my property that have been 'right of way' and have sought advice. Besides what is on a Lease there are local byelaws and regulations about nuisance.
Another issue is how a Right of Way is to be maintained, who pays the costs and what is the responsibility of the owner and the non owner/user. I would think the OP needs to have a look at the documents/or Deeds she has.

FrancisCrawford
I did not give any such advice. I said the OP needs to read her Lease and see her duties and responsibilities - it is her land. We all have to read what we Lease and buy and what rights and responsibilities we have.

Nearlyoldenoughtowearpurple I own property with land that gives a right of way to others and I have right of way through another property. I have to be watchful that nobody causes a problem to others whilst they are on the right of way I own. I asume you also have responsibilites of your path - is it so? I am not legal and when I wanted advice I read my lease first and sought a professional. You also have to see your local Laws andf contact your Council Planning Dep and or Environmental Services. There is a forum landlordzone.co.uk which I recomend. As freeholder (I asume you are) you may be able to change some things and lay conditions.

I think YABU. He has every right to walk down the path. You know it is him, so no need to be frightened. It is your responsibility to manage your dogs. Even asking him politely is not acceptable as it may then make him feel bad or uncomfortable if he wants, or needs, to continue. And even if he was amazingly obliging, what if someone else starts walking down there after 11pm. Are you going to have this conversation with everyone!

Nearlyoldenoughtowearpurple I think Okey has a good point in that others can do the same and walk the path late night causing dog barking. So you need to see how you solve the issue.

Very good point okey

Francis The best way to resolve a problem is to amicably discuss it in person if possible. But each side needs to know their rights and obligations so they know where a red line is drawn. So, when we buy a property we have a appointment with the conveyancer as part of the fee we paid to him/her and who explains the Lease/Freehold section by section. Landlords then have to review their Lease reguarly when an issue appears. When we don't understand a section we can ask free legal advice - there are organisations that offer this. I am a Director of a Management Company in a block of flats and many issues arise from the rights of way or blocked access. I get a short free legal advice as part of our building insurance; and I am member in a forum of Landlords. There are byelaws as well and advice for that can be gotten from the local Planning Dept. Rights of way are difficult matters and need cooperation with the other side.

These are interesting issues regards right of way, roam and dogs
www.gov.uk/right-of-way-open-access-land/use-your-right-to-roam

www.gov.uk/control-dog-public

I wanted to clarify that I am collectively managing with others the block where I live is not a paid job and that we do have similar issues of right of way which are very difficult to resolve. In other cases sometimes a mediator is used, and some people find this helps.

Nearlyoldenoughtowearpurple I dont know where you live but I posted links as they have interesting points and hope you will find something in your area. At the starting point most often owners begin discussing amicably and informally what is in dispute; the procedure is recommended by professionals and organizations. Mediation works sometimes but is not free.

The poster's question is whether it is unreasonable to ask the neighbour not to walk down the path. The most important point is is how one approaches this problem and starts to solve it. Trying informal and amicable discussion is reasonable means of starting and is recomended. It may take time and several discussions. Besides The neighbour showed he has intention to resolve issues because he gave his card which is a good sign.

Not really - he gave his card in case one of the ewes aborted as a result of his dog getting into their field. He has not indicated that he perceives there to be an issue which needs resolving - and furthermore he did not give permission for his personal details to be used for the purposes of the OP beginning a conversation about restricting his free movement along the path.