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right of way

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rwjb | 20:11 Sat 29th Nov 2008 | Law
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Can I claim right of way across a coucil footpath? this has been the access to my property (garage / hardstanding ) from a road for forty years
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The council own the footpath and may give permission for you to drive over it only if you have properly applied for a dropped kerb and it has been installed.

Otherwise it is an offence to drive over a footpath, even to access your own property.

Been given the right to drive over it does not constitute a legal right of way.
Footpaths (along with bridleways and other categories of road) are all part of the public highway. The council maintains them.
If one has passed/repassed a motor vehicle over a footpath or bridleway for more than 20 years without permission, one may acquire a right of way by prescription.

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