Anyone know about shared access PATH only - no issue with actual access

[LAS123]

I have a weird situation re a shared access pathway across my front. It was previously a broken concrete path around some grass, neighbour has access across path to garden, no issue with this and they have never used the path anyway - but no issue if they did.
We have removed the path and grass and laid gravel all over. Neighbour now complaining about removal of broken path. Can this be pursued by them?

Is the access useful for next door? Maybe ask the council legal team if you can get the easement removed (for a reasonable fee and you covering costs).

I'm just wondering how they will word the letter return the path to its former broken state so that we can continue to not be able to use it immediately!

I did wonder about seeing if its possible to remove, although ive heard this is virtually impossible?

@Theunamedcat

I'm just wondering how they will word the letter return the path to its former broken state so that we can continue to not be able to use it immediately!

Exactly!! ‘Please replace a broken path’ 🙄 Apparently the fact they dont ever use the path is besides the point, which I can appreciate,although frustrating.

A path can be tarmac, grass, paving stones, a glass bridge or any other construction material. The path is the access across a piece of land. It will not specify in your deeds the type of path ie paving slabs - it will say it's a ROW.

Oooh 'proportionate payment to maintain'. If the HO start getting really snarky get them to ask the legal team about them contributing to the cost of the surfacing - whatever it is😏

The more I read everyone replies the more confident I feel that I don't need to be stressing about being forced to return a broken path or there being an issue with the particular type of surface underfoot should they ever wish to pass…
I cant see that a council could justify using public funds to fight this surely

Why do they need a handrail? If they have mobility issues a gravel path will be harder for them to use…

I dont know why they have a handrail, there are no mobility issues.

@Somebodylikeyew

Why do they need a handrail? If they have mobility issues a gravel path will be harder for them to use…

Harder than a broken path?

@GinIronic

The path is still accessible. Ignore them.

They probably think you are trying to conceal the right of way so that eventually it ‘expires’

Prepare for them to start using it from time to time

I dont mind if they use it at all, they could use it everyday if they wished. I will update (for anyone now invested in my path 😂) when I get a response from the HO contact with the legal team.
Thanks for all the reassuring advice and info.

In your next reply to the HO I would sweetly point out that you have never received or sought any “proportionate payment” towards the maintenance for these shared access, despite this being stated in your deeds.
You are entitled to update and maintain your own property as long as the assess is still there.
If you had left the broken paving stones, and next door had tripped and fallen, you would have been liable… I would point that out too.

Thank you @MinnieGirl also a good point.

Another thing, in the initial email from HO she said ‘we have no record of your informing us of this’ I responded that I could find no guidance at all on the council website and explored housing planning building and environment sections, I said I anticipated a malicious complaint so had sent a letter to the generic council address to inform, I asked her to provide a link to this to assure myself I had complied, she has not provided this despite me now asking twice, am I correct to assume no such guidance exists and shes being awkward?

@LAS123

Thank you *@MinnieGirl* also a good point.

Another thing, in the initial email from HO she said ‘we have no record of your informing us of this’ I responded that I could find no guidance at all on the council website and explored housing planning building and environment sections, I said I anticipated a malicious complaint so had sent a letter to the generic council address to inform, I asked her to provide a link to this to assure myself I had complied, she has not provided this despite me now asking twice, am I correct to assume no such guidance exists and shes being awkward?

She’s probably responding to the person who shouts the loudest…your neighbour. And by doing so hoping you will roll over and your neighbour will get off her back. You haven’t rolled over so I suspect she is trying to extract herself with dignity. Just keep reminding her that you made the access safe for all concerned, even though your neighbour has never used the assess…. And I would also point out they can’t use the path as the council blocked it with the handrail….

UPDATE:
There is no update.. I have emailed the HO two weeks ago to provide guidance related to her saying ‘you have not informed us of this’, no reply so I emailed again last week, again no reply.
I have heard nothing from the legal team either, do I let sleeping dogs lie or pursue my gut instinct that the HO is being a bit of an arse due to the historical issues about rubbish and make a complaint? The thing that has annoyed me is her authoritarian tone suggesting I am in the wrong for not seeking permission to update my own path.
Or do I need to get a life and let it go 🤣