Pathway and rights of access

[conundrum16]

We have learnt that we own a pathway that runs behind a row of terraced houses ending at the gate to our back garden. This was a surprise but was revealed after a complaint to the Council about the path.
Most (not all) neighbours) have back gates that open onto the path at the back of their gardens. How do we find out whether they have legal rights of access? We're not wanting to stop anyone using it but sadly one household is making complaints about a tree that is part on the path, wanting it cut down. We've realised that if they become litigious, we need to know what our legal responsibilities are. The aim is to avoid all conflict with everyone being able to have access. But also to ensure that we can't be targeted by anyone.
How would we find out whether they have the legal right to access our path? Thank you so much.

You could look at the deeds but chances are that if their gates to the path have been there for decades they’ve acquired a right of way by prescription.

With a ROW comes an ancillary right to keep it clear. That removes the burden from you because everyone has the right to clear an obstacle. Tell them if the want the tree removing they can pay for it to be removed. You can insist on keeping the timber if you want.

Thank you Collaborate - that's helpful. Unfortunately the tree is part on my path and part in someone else's garden - who is determined it must stay. We're not going to get involved in that debate - but wanted to be clear what responsibilities we have.
Is an "ancillary right to keep it clear" a responsibility on everyone not to block it?

This is something that should have been picked up by your solicitor when you bought it.

Is it an older terrace with back gates? When they were built they would have been owned by one landlord, so the ownership of the path would have been irrelevant. I think when sold a lot of them the ownership ended up with the end terrace and that does come with responsibilities.

The responsibility to keep the row clear lies with the landowner, not the other users.

Thank you. We're assuming that it's our responsibility to keep it clear and don't have any problem with neighbours accessing it. But as one household are making complaints, just wanted to find out if it's possible to find out if they have rights of access. Suspect it's not that easy and so we'll just go for smiling, soothing and keeping it safe and clear.

We have the same situation at the back of a row of 8 1960s terrace. My deeds say that the path users must pay a moiety (sp) for path upkeep. I assume this means a proportion for renewing tarmac etc. Ive been here since 1970 and nothing has been done in all that time to repair the path.
Wonder if these convenants only apply for a certain length of time?
Next door have right of access over my bit of path as they are the last in the row and need to access the garages at the rear

These are Victorian thereisonlyoneofme
Unfortunately the complainers are the ones who block it with their bins, want a tree that blocks part of the path removed and appear to have fallen out with all the other neighbours. They say they have "rights of access " and "rights to enjoyment" of the space (it's a tiny bloody path!). Responding to this would involve getting into all sorts of legal issues that we're just not prepared to do. We don't want the hassle (and feel very foolish for not having realised that we own it in the first place).

Fortunately all the other neighbours are lovely so we're just going to carry on and ensure we're behaving legally responsibly in terms of keeping it accessible and ignore them (as long as they don't start cordoning it off) .

@Intherightplace

The responsibility to keep the row clear lies with the landowner, not the other users.

This is untrue

Collaborate is correct. Intherightplace is confusing public rights of way with private rights of way. Maintenance of a private right of way (including keeping it clear) is the responsibility of the users, NOT the landowner.

If the landowner obstructs the ROW it is they who should remove the obstruction. What is probably a self-seeded tree is not the fault of the landowner. A ROW carries with it the right to maintain is precisely because those who have a ROW have a legal interest in the relevant land.