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Liability for Repairs to Public Footpath

Land, Registered Land, Planning law etc.

Re: Liability for Repairs to Public Footpath

Postby tph » Sat Apr 18, 2015 8:04 pm

The creation of a highway would extinguish all previous rights.
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Re: Liability for Repairs to Public Footpath

Postby PeterE » Wed Apr 22, 2015 9:39 pm

Lizzie wrote:Hi atticus, thanks for your interest in this issue. The relevant wording in the conveyance is as follows: "... at all times for all purposes with or without vehicles and animals to pass over and along and across the land shown coloured brown on the said plan..." The plan to which the wording "the land shown coloured brown on the said plan" refers indicates the track as discussed. Hope that helps.


As the servient landowner (the provider) you have no obligation to make up a right of way, of course if you use the same route then it may inconvenience you, but the cattle are unlikely to complain as to the condition of it so the farmer does not need to make it up either.
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Re: Liability for Repairs to Public Footpath

Postby atticus » Thu Apr 23, 2015 7:45 am

PE: this is a public footpath.
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Re: Liability for Repairs to Public Footpath

Postby PeterE » Thu Apr 23, 2015 10:37 am

atticus wrote:PE: this is a public footpath.


With a private easement, my point is that the local authority is responsible for the surface of a public footpath, and the landowner has no obligations in regard to the private easement other than those expressly declared.
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Re: Liability for Repairs to Public Footpath

Postby atticus » Thu Apr 23, 2015 11:19 am

thank you for the clarification.
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Re: Liability for Repairs to Public Footpath

Postby blig » Thu Apr 23, 2015 11:26 pm

my point is that the local authority is responsible for the surface of a public footpath


Not necessarily. http://www.dynesolicitors.co.uk/news_14 ... tpaths.htm lists these exceptions:

  1. If the footpath was created after 16 December 1949 by express dedication by the landowner and has not been adopted
  2. If the footpath was created after 1 January 1960 by dedication at common law or presumed statutory dedication and has not been adopted
  3. If the footpath was created by dedication agreement with a parish or community council, although the council may carry out repair or improvement works or contribute towards the cost of such works
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Re: Liability for Repairs to Public Footpath

Postby Lizzie » Fri May 08, 2015 3:25 pm

Thanks so much to everyone who's posted in response to my query - it's very much appreciated. I've now been in touch with my local Highways Authority and have made an appointment for someone to come and view the damage and we'll take it from there.
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