Footpath over my property

[Number12]

We have a Footpath that runs over our property. As you can imagine its very busy at the moment, in fact I've never seen it so busy. Normally we smile, wave chat etc But at the moment that's just not possible. The path itself is single file, room to shuffle past someone oncoming but nothing like 2 metres.

Its been very difficult to be in the garden, I just can't relax because every 30 seconds Im checking to see if anyone is coming and then stepping away with the kids if I see someone. There have been several occasions people have come along and I've not seen or heard them and not one of them has shouted ahead and let me know so I can move away, they just try and pretend they are not there!. The path is half a metre, if that, from where we are working (trying to get veggie going). We have just had three cyclists go past, they didn't shout or ring a bell and we didn't have time to move away.

I've previously emailed the council and they were concerned but they haven't closed the path. So today I did! I know it's illegal but I need to keep my family safe, if people shouted ahead that would be one thing but they don't care!

Ahhh I have I messed up, what would you do?

[ZombieFan]

Why would a cyclist or jogger shout anything when they are on a fenced off path.

[RepairAndRelax]

Weird - as I was reading this I was thinking about a public foothpath in my village that really matches this description. On our village facebook page the owner put a post a few hours ago asking people to shout out 'Hi!' so they can stand well back.

It seems too much of a coincidence but, if that's not you, then the post seems to have been very well received here so maybe something you can think about?

[RepairAndRelax]

In your situation OP I’d definitely have a fence keeping walkers out of your garden area

Reading through, I think the OP already has a fence which is part of why people have pushed back against them closing off the pathway.

[HoldMeCloserTonyDanza]

I scrolled all this way and no diagram?!

YABVU!

[Honeyroar]

There are a few paths around here that have closed signs on them saying due to Clovis-19. I think the farmers have put them up. The paths go through farmyards and immediately next to the houses. I know it’s not legal, and while I’m really anti people blocking paths, I can forgive them during this lockdown.

We have two footpaths across our fields. They drive me mad due to the irresponsible behaviour of people on them. Wherever possible we fence them off so they’re separate from the field and loose dogs/picnickers can’t get near the animals. Obviously this only works with the path at the side of a field, not across the middle.

In your situation OP I’d definitely have a fence keeping walkers out of your garden area. Yes you’d lose a strip of garden but I’d prefer the privacy. I’d also use a high fence (6’ if it wouldn’t take too much light. While this lockdown situation is going on I’d at least tape off the side of your garden and I’d put a polite notice up saying something like “as this path goes through our garden please avoid touching anything and if at all possible consider using the alternative route of xxxx. Thanks for helping us stay safe.

[PerfumeBehindMyKnees]

I rather like the bell idea. Either that or a Jack Russell. I guarantee no one will ever silently sneak up on you again

[minisoksmakehardwork]

The fence in the garden puts a different slant on this. It's not like people are actually walking through your garden, which your original post implies.

Therefore this is no different to people passing by others who might be in their front garden, which runs alongside a footpath.

I assume people are not standing by your fence having a chat with other people they meet on the footpath, so I think you are being a little neurotic about the risk here. It's not different to passing people in a supermarket.

But, if you are worried, I still think installing a bell at either end of your garden, which people can ring to let you know of their approach is your best bet.

[Hileni]

I'm going to sound terribly ignorant but I've never seen a garden with a public footpath in it. Please can we have a picture / diagram, OP as I'm very curious to know what the set up is. Is it not a security risk of people can go in your garden?

[alloutoffucks]

And it really is no different to someone walking along the pavement by my garden. Which is why if I want to do any gardening right by the wall I choose a quiet time to do it.

[alloutoffucks]

It would never occur to me to shout that I am walking along a fenced off path.

[TheletterZ]

It sounds like the footpath is too narrow and the OP’s fence is in the wrong place. The footpath should be about 1.5 m wide to allow passing. If you are working in the garden you would only need to be 50cm from the fence as most people are giving as much space as they can.

Unless the garden is tiny it if unreasonable to close the footpath rather than the owner just stay that bit away from the fence.

[Wired4sound]

@FliesandPies

[ErrolTheDragon]

It's the manner of some people's insistence (especially at the moment) which I'd call bluster. Or just being knobs, maybe. When all it often takes is a bit of courtesy, consideration and common sense. Of course, a lot of the problems at the moment are being caused by idiots who've no idea about the history of public rights of way, or their responsibilities when using them.

[FliesandPies]

I would put a sign asking people to shout or whistle

Perhaps the sign should state a song for walkers to sing to give OP warning? Might I suggest 'Wind your neck in' (to the tune of Bread of Heaven)

[FuriousFlannels]

I would put a sign asking people to shout or whistle. I wouldn't shout in that situation as I'd be worried the householders would find it rude.

Me too. I'd actually be glad of the sign letting me know what the house owners wanted.

[FliesandPies]

I'm a massive fan of our rights of way, especially after living in the US - but that makes me happy to use them responsibly and considerately, not bluster about my rights. Rights are always balanced by responsibilities.

You're a 'massive fan' of rights of way but consider people's insistence on them to be 'bluster'? Doesn't add up to me. The only reason we've got rights of way is because enough people blustered about them and ensured they were kept open and whole organisations are dedicated to protecting them.

As Aeso'p says above, people are always looking for excuses to shut paths and then conveniently forget to open them again when the crisis is over

[Porpoises]

I would put a sign asking people to shout or whistle. I wouldn't shout in that situation as I'd be worried the householders would find it rude. So you should tell people that's what you want.

[Astoatora54]

Lots of people don’t have gardens. You have a garden which is subject to the public’s right to use that footpath. If you don’t like that you can always just stay inside.

Sorry but I agree with this poster. The path is next to your garden. If you want to keep 2m away from people then presumably your garden is wider than 2m? Just move further away. You can't block other people from public footpaths (why would you think this is possible?) but you can change your own behaviour.

[ErrolTheDragon]

The location of the veg patch so close to a public footpath is odd

It's no odder than people having a flower border next to a pavement. And when walking through our village on the pavement, if someone has been working on one then we behave sensibly to allow for distancing for us and them - cross the road or if necessary say excuse me and wait.

[MaggieFS]

Don't do anything illegal. I'm surprised you're so concerned now you've mentioned it's fenced off - so people can't actually stray into your garden, just might be less than 2m depending on where you and your family are in the garden? Stick up a sign claiming symptoms if you like, but then you can't go out at all for essential shopping, or just live with it and ask people to shout their arrival.

[FuriousFlannels]

The location of the veg patch so close to a public footpath is odd but presumbaly this was placed before the current outbreak and so not seen as an issue.

Really glad to see the OP has reopened the path, though. This should never be done by landowners acting on their own authority. The public has a legal right to walk those paths and so removing those rights must only be done by the government or other institution with the legal ability to do so.

The advice linked above seems very clear to me. Paths must stay open but there are some things landowners can do, such as signage.

[ErrolTheDragon]

You have the option to step away.

If you're on your knees tending your garden that may take a moment...

I'm finding some people's attitudes on this thread rather odd. We walk a lot; even in normal times if the path took us next to where people were working and playing in their gardens we'd probably say 'excuse me' and definitely would at the moment to help maintain our distance too.

I'm a massive fan of our rights of way, especially after living in the US - but that makes me happy to use them responsibly and considerately, not bluster about my rights. Rights are always balanced by responsibilities.

[Aesopfable]

Why should Op and her family be put at such increased risk due to the selfishness of others.

Why should OPs desire to build a vegetable patch in a specific location take priority over people’s right to use a public right of way. If she wanted to build her vegetable patch in front of her house next to the road would you consider it selfish of people to use the road? Or do you think she should be able to close the road too in case someone selfishly wants to drive along it?

Public rights of way must be protected. Too many landowners come up with too many excuses to try and close them all the time.

[GirlYouHaveNoFaithInMedicine]

Government (DEFRA) guidelines on this very subject here - www.gov.uk/government/news/operational-update-covid-19

'Landowners do not have the legal right to block or obstruct public rights of way. However, in very limited circumstances where large numbers of people are using such routes, landowners may consider the following measures:

tying gates open if it is safe to do so, so that walkers do not need to touch the gate.

temporarily displaying polite notices that encourage users to respect local residents and workers by following social distancing guidelines and consider using alternative routes that do not pass through gardens, farmyards or schools.

offering an alternative route around gardens and farmyards only where it is safe to do so (you must gain permission from relevant landowners and make sure the route is safe for users and livestock) provided that the original right of way is maintained.'

[Carlislemumof4]

Can they? Maybe in your specific location

I live on a mainly terraced street in Carlisle. We can here apart from a weekly visit to the supermarket.

In my parents Lakes village where I grew up yes they can too... but many won't because they refuse to change aspects of their lifestyle. Without caring much about the health of the farmers and their families who own and maintain the land.