Looking for some Advice

marcg868 · 22 May 2019 at 00:10

We moved into a new build estate last year on the 29th and between our house and next door there is a public footpath (flags) running in between. Now there has been no issues whatsoever. Everyone’s friendly and no concerns with the public footpath.
Today I arrived home to a letter by the housing developers that the footpath is only 1.8 metres wide and needs to be 3 metres. So basically the strip of Turf, privet bushes we have laid is going to be reduced and flags put in.
Now I’ve looked back through the paperwork from the solicitors and at the plans, and nowhere does it state any dimensions for this footpath.

Just wondering what my options are. The footpath was in place when we exchanged contracts and nothing has been mentioned about it needing to be extended in any stage of the buying process.

bremen1874 · 22 May 2019 at 00:26

Where's your boundary? That must be documented somewhere.

DarkHorizon472 · 22 May 2019 at 00:28

Somewhere you should have details of the land boundary for your property. This shows which land you own and which you don't.

An example of this is I got a parking ticket parking on the very front my parents front garden. Checked their paperwork and I had parked entirely on their land so the ticket was cancelled.

marcg868 · 22 May 2019 at 00:33

All I’ve got is a plan with my house plot and red highlight of my boundary extending to the edge of the path.
No dimensions as to how wide the path is.

bremen1874 · 22 May 2019 at 00:36

Haven't you got a scale plan?

marcg868 · 22 May 2019 at 00:51

No just a not to scale plan.

PiKe · 22 May 2019 at 00:53

Tell them to bugger off.

bremen1874 · 22 May 2019 at 01:01

I'd be asking for clarification for why they're doing it. It's unlikely they're spending the money out of choice. Council forcing their hand maybe?

I'd also be talking to my solicitor. One way or another you need to find out where your boundaries are. On a new build there's no reason not to know for certain.

If you've just assumed the strip and land is yours, but it actually isn't, I doubt there's much you can do to prevent it.

Entai · 22 May 2019 at 03:35

bremen1874 said:
I'd be asking for clarification for why they're doing it. It's unlikely they're spending the money out of choice. Council forcing their hand maybe?

I'd also be talking to my solicitor. One way or another you need to find out where your boundaries are. On a new build there's no reason not to know for certain.

If you've just assumed the strip and land is yours, but it actually isn't, I doubt there's much you can do to prevent it.

On the other hand if the legal boundary is up to the current edge of the path and they wish to widen the path into your legal land, they have to buy that land off you.

200sols · 22 May 2019 at 06:51

Even if the land is his if its designated as public footpath it needs to be maintained as such.

Oxide™ · 22 May 2019 at 12:28

I read on here recently that a council footpath just needs to be the width of a double pram (twins)

If the path is already that width then question why it needs to be widened

Semple · 22 May 2019 at 12:40

Entai said:
On the other hand if the legal boundary is up to the current edge of the path and they wish to widen the path into your legal land, they have to buy that land off you.

This really. You should be able to determine where your boundary line goes upto. Then you can go back to the developer and say i'm sorry but my boundary goes right upto the path which means tht land is legally mine.

I'd also question the dimensions. To widen it by 3 meters almost sounds like they want an access road there - does the footpath lead to further land that could be developed on?

marcg868 · 22 May 2019 at 12:50

Semple said:
This really. You should be able to determine where your boundary line goes upto. Then you can go back to the developer and say i'm sorry but my boundary goes right upto the path which means tht land is legally mine.

I'd also question the dimensions. To widen it by 3 meters almost sounds like they want an access road there - does the footpath lead to further land that could be developed on?

Nah it just leads onto a grass bank and a 1.5 metre stone path leading up to the canal.

SeatIbiza · 22 May 2019 at 17:07

Land Registry is your friend - I can help if you need...but it sounds like what others have said, it's your land...

Puzzled · 22 May 2019 at 17:27

Might be for a cycle lane, can't see them doing it unless they are being told to do so but if the house was sold with that land included then they shouldn't be able to just take it.