I want to make an offer on a lovely house with a large garden,
but I was dismayed to see that a public footpath runs along the
edge of the garden and into the fields. Can I get the footpath
relocated?
A public footpath is a granted right for members of the public
to access across land, and is usually established by express
dedication given by a landowner to the public for a right of way
across his land. Another way of having a footpath created is in
terms of Section 31 of the Highways Act 1980 where there can be a
presumed dedication of a right of way if the public have used it,
unchallenged, for a period of at least 20 years.
You may be able to divert the public right of way permanently
but you will have to make an application for a public path order to
the local authority in order to do so. The local authority will
consider such factors as if the diversion of the footpath is
necessary for development of the land, and planning permission has
been granted for such
