Rights of Way and my crap council!!

[boo70]

Hi all, my local council have passed plans to build 24 flats at the top of my road and this company have put up fencing all around the site but have taken our pathway which on our homeowner deeds is our private right of way.The council are not helping as they say its a boundary issue even though they agree the boards have been put up in the wrong place!!! Any help would be most appreciated

i would seek legal advice

yes i think that might be the only way forward as its been going on for 6 months now
and goverment ombudsman does not seem to be doing anything to help!!

it sounds like it is a dispute between you and the contractor rather than you and the council - that is why i would seek legal advice

yes but you would think the council allowed this company to put the fence up, so you would think its down to them to contact the company and say you have taken too much land thats not on the plans. but thanks for your help custardo.

If it's a private right of way it's nothing to do with the council, even if they granted planning permission for the boards to be put up.

You (and your co-users of the right of way) need to get a solicitor and have them contact the contractor with proof of the private right of way and inform them that they are tresspassing (and tresspass isn't a crime, just for your info, it's s tort - a civil wrong).

That should do the trick, the developers won't want to get into any legal action and will probably sort if out and rectify if quickly once it's been pointed out to them.