Do we have a right of access?

[PollyT]

My family's house backs onto a field which has a public footpath running through it. For the last 15 years they have used the gate through the hedge between their garden and the field, where we played as kids and which they now use daily to walk the dogs ...but today, to their surprise, they have found the gate boarded up from the other side.

They have a good relationship with the landowner and there has been nothing to suggest that there was any sort of issue over their using the gate. The land is green belt and outside of the UDP development envelope [i.e. this isn't likely to be about the landowner gearing up to ask for planning permission]. They will have a polite chat with him of course to find out what's up, but can anyone tell me anything which might help in these circumstances?

[dzug]

Unless they have acquired any rights through usage (dubious) then I can't see there are any. The only rights anyone other than the landowner has in the field are to use the public footpath, which must be accessed where it enters and leaves the field.

Maybe the landowner wishes to assert his rights to exclusive occupancy of the land, footpath excepted.

[themas]

It is possible to acquire a right of way by continual usage over a period (I think it is 20 years) if the landowner takes no action to stop up the access. It could be that the owner simply wants to ensure this does not happen, in which case he might agree some sort of limited licence with you.

[buildersmate]

It is a minimum of 20 years, and the process is called acquiring a Right of Access by Prescription.

[RATTER15]

Ive heard of this situation and the access was blocked for a couple weeks every year to prevent the continued access thing!! This could be what is happening here.

Does the public footpath run up to your back gate, if not, you really have no right to walk across this land to access the footpath. I don't imagine you would be so keen if the landowner decided to use your back gate to access your garden.

[PollyT]

Thanks everyone for the answers you've given. I've now heard that there are plans for the land after all.....

[Nether Edge]

Presriptive easement might not arise, unfortunately. To be valid, any easement has to be "appurtenant" to land which benfits ( ie serve that land and burden the land subjected to easement).

A path from your garden leading into a field that's not yours therefore doesn't "serve" your land at all- unless the path leads to other land that you own.