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?

[ThroughThickAndThin01]

Footpath people are rightly stubborn over footpaths! It’s an essential right to use them.

[DobbyTheHouseElk]

Why would the house be cheaper because of a footpath?

[ThroughThickAndThin01]

Normally houses are cheaper because its an inconvenience to have a footpath through your garden. Who wants strangers in their garden?

[DobbyTheHouseElk]

Not in my experience it isn’t. Have you owned a property with a footpath?

[OneForMeToo]

I think footpaths though gardens should be rerouted full stop. What a arse to have people basically wondering in and out of your personal space and no I don’t have a footpath in my garden.

[Brandaris]

I would put a temporary fence up along the footpath, maybe as little as a few metal stakes, or even tent pegs if you have nothing else and tape along it.

Then a note on the entrance to each end explaining the situation- it’s your garden, there’s another route with map if you can, and if they absolutely must come through to stay in the pegged off area, no cycling and if they see you to please call out so you can move away. But if they can choose a different path you would be very grateful.

I would not close it off entirely. You live in a house with a footpath in the garden, that was your choice, I would be furious if I saw it closed off but I would certainly take another route and not disturb you if it was explained.

[ThroughThickAndThin01]

Me Dobby? I currently do, as I’ve already said.

[Makeitgoaway]

I'm struggling to imagine a garden with a right of way through it where it is absolutely necessary to be on the spot immediately next to the footpath. Even if it were , it's no harder for you to make away than if you were approaching them from the other direction on the same footpath.

Who designates how wide the footpath is? Has is been allowed to "narrow" over the years?

I understand it will be inconvenient to work elsewhere in your garden but rights of way are important IMO

[Makeitgoaway]

I looked it up. The landowner is obliged to maintain footpaths at least 1m wide or 1.5m if a field edge. So whilst the 2m might not be possible, it does sound like yours is too narrow OP and if the path were the correct width there would be more scope for you to be further from people when working on your veg patch. Presumably the veg patch is more than 1m?

[EggysMom]

I think I'd lie, and put up a sign saying 'Footpath crosses private garden where residents have symptoms of CV-19. Proceed at your own risk.'

[ErrolTheDragon]

I'm struggling to imagine a garden with a right of way through it where it is absolutely necessary to be on the spot immediately next to the footpath.

I can imagine all sorts of configurations where that would be the case.

[ThroughThickAndThin01]

We need a diagram, but only really out of interest.

[FliesandPies]

You chose to buy a house with a footpath through it so you have to accept the consequences.

As the Ramblers link says, you can put up a polite informative notice but you have no right to shut the path.

[minisoksmakehardwork]

I can imagine the type of paths, there was one running between the backs of gardens and a ditch near a park where I played as a child. If the person was at the bottom of their (fenced) garden, there is no way we would have been more than half a metre from them most of the time. A metre is surprisingly narrow by the time you put in a fence one side, ditch and brambles on the other.

As the path runs across your garden, I assume it is inside your boundaries. So you need to maintain an obvious strip at least one metre wide for the footpath. If people are passing by closer, you have probably encroached on the footpath yourself and need to move your veg bed.

With regards to people announcing they're passing, under normal circumstances they wouldn't need to, therefore the onus is on you to ensure you meet social distancing, which you are trying to do.

Perhaps install a bell and a note asking people to ring it on their approach due to current social distancing requirements.

[Oaksquarebox]

I came to ask for a diagram too.

[notalwaysalondoner]

We came across a sign like this today, it was ok because the diversion was maybe five minutes extra.

If I were you I’d (a) put up a sign requesting people to take the diversion (b) draw a map of the diversion and (c) requesting that if they really really can’t take the diversion please can they call out “hello, person approaching!” so they and you can be safe and give you time to move away.

Just trying to close it outright with no map of the diversion is not allowing the legal right to use footpaths and will probably result in the vast majority of people ignoring it and not calling out either, which doesn’t help you anyway.

[Boogiewoogietoo]

Without a diagram, I’m thinking that YABU to position yourselves close to the right of way at this time, and then complain about people coming too close.

Your right to create a vegetable patch does not trump a legal right of way.

[SexIsAProtectedCharacteristic]

I would usually be annoyed at someone illegally closing a footpath but I think you have some justification OP.

If you could do what others have suggested, a sign, and a map to an alternative route that would be good. I do think under the circumstances that the closure of a footpath is not something people should be worried about. Obviously when the situation eases you will remove the blocked access.

[TheyAllFloat]

A bell and rope pull along the side of the path so walkers can ring the bell as they enter the pathway. Maybe?

[Makeitgoaway]

"I do think under the circumstances that the closure of a footpath is not something people should be worried about. Obviously when the situation eases you will remove the blocked access."

That's the trouble with temporary closure of footpaths, they have a habit of becoming overgrown and never reopen.

[Makeitgoaway]

@minisoksmakehardwork if the fence, ditch, brambles are an issue the footpath isn't 1m wide.

[SleepWithTheFishes]

I understand your frustration, OP, but rights of way are an incredibly important part of public access to the land. Without them, vast amounts of the countryside are essentially locked away from the public - something I find to be morally abhorrent.

In your shoes, I would try literally everything else first (signs, bells etc) before closing the pathway down only as a very, very last resort.

[Bluegrass]

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.

If I choose to sit in my front garden should I be allowed to block off the pavement in front of my house to stop people walking past me? I’ve got no more right to do that than OP has to block the footpath.

[cakeandchampagne]

It doesn’t sound like you can legally block usage, so unless you can put up a fence, stay at least 2 metres away from the path.
I guess when you bought the house, you never imagined the path might be a problem.

[WiseUpJanetWeiss]

As a keen walker, I wouldn’t dream of taking a footpath that crossed someone’s garden at this time. It would be unbelievably rude.