Fence erected across footpath

[exdonkey]

There is a field, owned by the local authority behind our estate which is accessed via a path ( not a "right of way " according to OS) which runs between the fences of two adjoining properties. The path goes nowhere except the field ( i.e. it does not serve the adjoining properties). The field is designated as an open space and is used by dog walkers, kids etc. The path has been in use for at least 10 years.
One of the property occupiers has erected a fence across the path thus blocking access. What is the legal position here?

[Androcles]

You don't say who the occupier is - are they a tenant of the local council? What rights do they have under their lease? We have a situation where the one room in the pavilion in our local sports field is leased to a martial arts company who keep telling anybody who tries to use it that they have excusive use - not true says the council....I should check it out with the council first!

[exdonkey]

Privately owned, freehold, detached houses. It is only the adjoining field ( and pathway) which is coulcil owned.

[buildersmate]

You need to establish the history and ownership of the strip of land between the two properties that acts as a path. The way to work out whether one of the two adjoining properties appears to own the strip is via the Title Plan download on the LR website (will cost you �3 per download). If not one of them owns it, neither of them have the right to block it.
The period of time for a public right of way to be established through general usage is a minimum of 20 years use.
How is one supposed to get to the open space if not via this strip of land?

[exdonkey]

Thanks for that. I have the LR info & the boundaries are quite clear - i.e. that strip of land does not belong to either property. There are other access points but these are at least half a mile away - it just seems that the house owner just doesn't like people using the path, I have some sympathy with him but that's tough, it's just like me objecting to people walking past my house on the footpath! I guess my question boils down to whether anything can be done if the land owner ( the council) will not do anything about it. I'm tempted to sneak out in the middle of the night and tear it down!!

[buildersmate]

Are you sure (as in you have also run off the LR print of the parcel of land that is owned by the council) that the strip DOES form part of this parcel? (If you can't find the Land Title Number of the field, you can do a more manual enquiry to LR by asking them to search for a piece of land by its location - for example, 'the strip of land between numbers 24 and 26 Acacia Avenue XYZ")

You may well find that no-one actually owns this strip and the homeowner is making the first step towards fencing it off to make a claim for the land by Adverse Possession.
How wide is the strip? Is it possible that originally it formed the access to the council-owned field?

[themas]

You say the field and pathway are Council owned. I assume by pathway you mean the strip that has been blocked off.

If so, it is up to the Council to unblock it & let the house owner know it must be left open. If the Council officials don't want to bother, consult your local Councillor about it.