Permission for vehicle access over public footpath

[Phillees37]

Hi,
I live in one of 4 terraced property's in a row with no parking. I have recently purchased a plot of land at the rear of the property and have discovered there is a covenant in the title deeds of the end property of the four to access over their garden for all 4 properties by motor vehicle etc. The plan clearly shows a portion of the garden and there is presently no fence at all (house in a poor state) There is a dropped kerb leading in to it from the main road.

I would like to offer all 4 properties a parking solution. My only problem is there is a footpath that I would need to drive over to access the land. It is a footpath only. The width of driveway would be up to current planning specs for what I am trying to achieve.

So my question is what is the best way of going forward in applying for such a right to access this plot by vehicle over the footpath?

Sorry for length and thank you in advance for any help or advice.

 

[^woody^]

A site plan showing all this would would help

 

[Phillees37]

Hi woody thank you for your reply.
I have attached some images of plan and covenant in title deed.
I own purple. Orange is the footpath I want to drive up. There is a dropped kerb on the road in black.
The wall of 34 to the fence on initial entry is just over 9ft wide. It would mean the car wheels travelling on the path (orange) and fully crossing over it to reach purple.
Have done SIM with land registry and footpath is unregistered but has street lamps so guess Highway depts responsibility possibly.
Thanks

 

[^woody^]

What's the blue bit?

It seems that the question is about driving up the public footpath? In which case you need to speak with the relevant department at the council that is responsible for it- highways or housing normally.

But that is a long path which might have some safety issues for other users.

 

[Phillees37]

The blue bit is not owned by 34 but by the person who owns the plot next to mine so the car would be half on the blu half on the Orange footpath.
I agree there could be a safety issue. Would there be any gravity in the fact that the footpath is overgrown in parts and used by no one?

 

[GeoffJ]

In our area of Croydon we have several footpaths where cars have a right of way for access. Some of these footpaths have names from which any rational person would assume that they are roads and not footpaths- however, legally they are footpaths that just happen to look like roads and are named like roads. For these footpaths it is only the residents that are able to drive on them and they are not allowed to park their vehicles on the footpath (access only).

So what you are after is not so strange.

For completeness - we also have a "road" that looks like a footpath - Only a 4x4 could every travel it. Yet it is a road so it is in the satnav database and the council can't/won't restrict access. Much to everyone's annoyance we often get cars with inept drivers using it.

 

[Phillees37]

Called customer to talk through options. Have recommended seeking legal advice regarding private vehicular rights of access. We would not, otherwise, permit vehicular access along this adopted footway.
From Searches the area in question is recorded as a footpath only, we would not expect there to be any vehicular rights. If there were vehicular rights we would expect them to be prescriptive and within your deeds to your property.

My response from the local authority above.
Had a call and they said it could be done but would need to be surfaced drainage street lights and would far out way cost versus benefit etc

Feel he was trying his hardest to make every reason under the sun. Do you think that sending in a proper drawing and proposal for something more sensible could help. The area owned by council must only equate to 15sqm total.

Perhaps Geoff a few examples of paths/ road as you mention might help

 

[Phillees37]

Thought I would put a physical photo up so it is easier to see. The concrete block to he right would need to be removed.
You might look and say no chance or you might think I stand a chance.
Let me know