blocking access

[auntsallyann]

i recently posed a question re planning permission and mentioned a stone wall, this wall has now been finished and has actually been built on a bridle path, my friend has access over this path by foot to get to her property (on the deeds)(there is another access she can use) but this wall now totally blocks her entrance. the guy in question owns the land surrounding the path but im not sure whether he would own the path as it is a public footpath leading to some woods/fields, but he has also put up a padlocked gate saying private property to the entrance to the path, how do we find out if (a) he owns the path and (b) if he is allowed to block my friends entrance, thanks for your help much appreciated

[dzug]

If it's a bridle path he cannot block it - it has to be passable by horses.

If it's a footpath then a gate is allowed - walkers can climb over it.

The notice may or may not be illegal deoending on its exact wording.

However none of this may help your friend as (presumably) it's access OFF the path that is in question.

Try your local council's rights of way department

[auntsallyann]

hi dzug, the notice on the gate says PRIVATE keep out, and its a big 5 barbed gate, its def a bridle path. my friend does have access over this path to get to her property by foot but now can't because he has built a stone wall covering her entrance, the wall is actually built on the bridle path.

[buildersmate]

I don't understand what you are describing so please can we unpick it one step at a time.
Step 1: if it is a public bridleway, anyone can use it by foot or by horse. There are minimum widths - six feet (I think) - check with the Rights of Way people at your local council.
Step 2: You can check ownership of the land at the County Council offices - the Register of Common Land will contain information about areas of Common Land, Village Greens and public bridleways that are common land in the countyy. You will need to know the bridlepath number to be able to do this. There is a statutory fee of a few pounds involved. HOWEVER, if this guy owns the land on both sides of the public bridleway, you are almost certainly wasting your time because it is 98% certain that this guy will physically own the bridleway land.
Step 3: HOWEVER this does not mean that he can block it - it must be maintained to a minimum width - see step 1.
Step 4: The bit that is confusing is the bit about your friend having a private right of access (an easement) on foot over the same route as the bridleway. It is possible that such an easement exists and it would pre-date the 'proving' of the public bridleway, though clearly it does nothing to add to your friend's access entitlement - since any member of the public can go down there anyway.

[auntsallyann]

hi buildersmate, i will check with the council offices tomorrow who owns the land, my friend was under the impression it was a public bridleway as there used to be a sign post at the start of the path stating public footpath leading to ....... this post vanished some time ago.
she has lived in this house since being a young child and can remember many people taking this path during her childhood. she was left this property by her late parents but can remember the deeds stating that she has right of access to her property via the bridlepath by foot or wheelbarrow but no vehicular access, is it possible it can be privatley owned but the owner has to allow public access. its very confusing

[buildersmate]

Yes to your question. Which is precisely why I led you through one step at a time.
For MOST bridleways and footpaths, the land on which the path sits IS physically owned by the landowner (of the field etc. in which it is in). The landowner is not permitted to close the path off though, because over a period of many years (normally 20+) a right of way has been established for passage by the general public. This is precisely what a public right of way is. The restriction on what can be taken down the path depends on the category of the path - on foot for a footpath, on foot or horse, with a cart for a bridleway etc.
Some landowners are very keen on shutting these paths off and trying to extniguish the public right of way.
Your friend appears to have an additional right - which is a PRIVATE right of way - a legal contract between the owner of her bit of land (her) and this landowner over the same piece of track. This appears from what you say, though, to give her no advantage because, as a member of a public, she is entitled to go down there anyway. Some PRIVATE rights of way may have additional rights above the category - so say a landowner may have a private right of way to entitle him to take a motor vehicle down a public bridleway - which under normal events is illegal for a member of the public to do.
Is this clear now?
Note - the records of what paths are owned as Common Land is normally held by the COUNTY council - not your local council.