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?

[Makeitgoaway]

If the footpath is correctly 1m wide, OP only needs to stay 4ft away to be 2m away from walkers, whi h means, at most a 1ft strip of the garden can't be tended.

OP, you know you just need to try harder to make this work

[WiseUpJanetWeiss]

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?

No, but people walking past should cross over or walk as far away from your boundary as possible as part of their social distancing.

[SilentTights]

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.

That's a fair point.

There must be another way here, to keep the footpath open and keep yourselves safe.

[peardrops1]

OP, I can quite imagine this situation is very annoying, but you have no right to close off a public footpath. It was your choice to buy a property with a footpath through the garden, and your right to tend to your veg patch undisturbed does not trump other people's right to use a public footpath. If you're worried about your safety, the onus is on you to keep away from the path.

[VegetableMunge]

I'm glad the bloke climbed through the tape. If I were you I'd remove it myself before it's reported.

[Toomanyapplesinthefruitbowl]

There are some good posters that you could download / amend on here

www.cheshireeast.gov.uk/leisure,_culture_and_tourism/public_rights_of_way/covid-19-and-public-rights-of-way.aspx

[TheHarryFormerlyKnownAsPrince]

I think you are allowed to close a footpath that gives a right of way through private property at the moment under the coronavirus laws? This has come up in relation to farmland

[RHTawneyonabus]

Could you rig up some bells or cans on a string at each end with note requesting people use them?

[ZombieFan]

If the path is only 50cms wide why do you stand around on it all day waiting for cyclists to knock you over? Surely you could stand/sit/play literally anywhere else in your garden!

As its a right of way the walkers/cyclists have every right to go along it. Surely you knew this when you bought the house?

[Makeitgoaway]

No you're not Harry. Farmers wanted it but they didn't get it.

Advice to landowners:
"People living and working in close proximity to public rights of way are reminded that the public have a legal right to use a public right of way, and that they should not block or obstruct paths. Where residents living near public rights of way have concerns then they should exercise suitable precautions to ensure social distancing from people on the path. They may want to regularly clean any gate latches or other surfaces on any paths across their property, or landowners may wish to consider tying gates open if it is safe to do so, so that users of the path do not need to touch the gate."

[TankGirl97]

We have a public right of way over part of our property too, so I do sympathize with you! It's been so incredibly busy since this whole thing started, way more people than normal. We've had to put up extra signs to stop people allowing their dogs to crap in front of our house (majorly gives me the rage 🤬). However, as annoying as it is, you can't close a public right of way. You will have to figure out how to work around the garden allowing for social distancing. We're frequently calling the kids out of the way and quickly stepping back ourselves for people to pass.

[Mintjulia]

You know you are breaking the law by blocking the path and any rambler will remove your tape. The public has the legal right to walk along it. Supposing someone walks that way to wwork?

Putting up a notice asking them to calla warning, rather than telling people to go away has more chance of success.
In the longer term, you can apply to have the footpath moved to the edge of your garden so you can put up a fence.

[SpringFan]

Be careful. We have a footpath on our property and we got into long negotiation with the Council footpath officer when we wanted to fence it off to stop people wondering around at will. Partly for security reasons as well. Our kids were playing and were ordered off the field by somene wishing to do obedience training with his dog. I had a word and he left.
Footpath officer tried to insist on 2 metres width, but when asked to clarify the law he admited 1.5 m was sufficient. People will complain if you block it.

[ifowaa]

I do really feel sorry for you, presumably your house/garden was a lot cheaper because it has public right of way running through it?

Can you put up fencing along the footpath through your garden so the footpath is enclosed?
Then you are safe to use 'your' bit?

[tilder]

People get militant about rights of way. For lots of reasons. I am very pro the maintenance of rights of way. I understand concerns about temporary closure becoming long term.

Equally, these are not normal times and a bit of give and take is needed. Walkers need to take some responsibility too and respect landowners. Cyclists should not be on footpaths.

I agree that long term I would install a stile or kissing gate so only walkers can access it. For now, if there is no reasonable alternative route, I would tape along the path to have clear boundaries and have signs requesting social distancing.

[Carlislemumof4]

Farmers are temporarily permitted to offer alternative routes though. Fron the NFU...

In summary, this guidance clarifies that the rights of way network remains open and owners/occupiers should not unlawfully obstruct or restrict the rights of way network. However, 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. (Note: this is a polite request only, and there is no power under the Countryside and Rights of Way Act 2000 for landowners to close or obstruct a public right of way). Offering a permissive alternative route around gardens and farmyards only where it is safe to do so (permission must be obtained from relevant landowners and steps must be taken to make sure the route is safe for users and livestock) provided that the original right of way is maintained. It is also necessary to check the insurance position before doing this to ensure that appropriate cover is in place.

As previously suggested on the thread I'd go with notices detailing the alternative route op. Hopefully that will at least reduce the number of people coming through.

I feel for you. Who, during a pandemic, would get bolshy about asserting their right of way through someone's private garden, straight past a family. When we're locked down to prevent spread of a virus! This sort of thing is definitely causing preventable spread in my county.

[CheddarGorgeous]

It's a right of way and you should not block it.

Put up a polite notice to ask people to give you fair warning.

You bought the property knowing it was there.

[jcyclops]

Cyclists should not be on footpaths

Not strictly true. Cyclists are not allowed on footpaths at the side of a road. They are allowed on paths and tracks that are not alongside a road, unless there is a sign banning them (which is why snickets found at the end of cul-de-sacs are often the only places where no cycling road signs can be found).

[alloutoffucks]

You have broken the law.
Surely you can just sit away from the path.

[FishOnPillows]

Cyclists should not be on footpaths in England or Wales - they are trespassing: www.cyclinguk.org/campaigning/views-and-briefings/public-footpaths-england-wales
. If you’re in England or Wales, might be worth putting a sign up reminding people of that.
Other than that, I’d just mark out the exact footpath at the absolute minimum width legally required.

[Irial]

diagram? do you have to be close to the path all the time?

[ErrolTheDragon]

Cyclists should not be on footpaths

Not strictly true. Cyclists are not allowed on footpaths at the side of a road. They are allowed on paths and tracks that are not alongside a road, unless there is a sign banning them (which is why snickets found at the end of cul-de-sacs are often the only places where no cycling road signs can be found).

Yes, strictly true - cyclists are allowed on bridleways and 'byways' but not on footpaths. (Unfortunately some cyclists don't know the difference, maybe can't read an OS map?)

[TheHarryFormerlyKnownAsPrince]

Ah, in Wales a lot of footpaths have been closed and councils have issued notices asking people not to walk on farmland. I didn’t realise that wasn’t the case in England.

[Aloe6]

Your need to be in the garden doesn’t trump other people’s need to exercise. Perhaps stay away from the footpath part of your garden rather than block it off for dozens of other people.

[ElementalIllusion]

I would be tempted to put notices up warning people that as a family you are in the garden most of the day and two people in your household have tested positive for Covid so walkers are to use the path at their own risk.

I imagine people will start letting you know they are coming or find another path to follow pretty quickly.