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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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Avatar Image Ethel
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.
20:52 Sat 29th Nov 2008
Avatar Image buildersmate
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.
07:55 Mon 01st Dec 2008

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