RSJs, Fensa etc - lack of paperwork

[AnthonyL]

Completely different issue and nothing to do with this path.

[AnthonyL]

Is there no difference between a public right of way and an access path to a group of properties?

[Handsome Jack]

Tim Lamb posted

[snip]

Many old houses have had numerous modifications done and nobody knows (or at least can prove) when they were done or whether they ever met building standards of the time. In fact many were done before building regs were invented. It's just something that house buyers have to accept or go elsewhere.

[Robin]

Yes, the "public right of way" and "private right of way" are different.

And FWIW both are distinct from ownership of the underlying land.

[The Natural Philosopher]

let the buyer buy the indemnity insurance then

[The Natural Philosopher]

I wouldn't think so.

Where I lived years ago paths cris crossed a fen all marked on OS maps. They led to derelict houses.

What else is a public right of way but a path connecting private properties?

The only other possible is what is known as a private road, which is jointly owned by the residents.

But this doesn't seem to have been the case here.

From what I understand these are old agricultural cottages built on private land whose ownership is now dubious and unrecorded : the access to the cottages has been traditionally open to the residents for years - well in excess of 20. There is a case to say therefore that at least there is a de facto registrable right of way across that land, and there may be a case for saying the landowner has lost possession of it.

I don't think this is a case for 'easements' etc. Because several properties are involved.

[The Natural Philosopher]

Private right of way is generally a right granted for access to a single property - the moment it becomes multiple there is a case to say that it's a public right of way.

Tye queen powns it all anuyway? :-:

>

[charles]

True, but once Regs came in they needed to be complied with for new work. I have a FENSA certificate on which it states: After 1 April 2002, window and door installations have been suject to Local Authority Building Control. and tehrefore any new installations need to be recorded eith by direct application to your Local Authority or through a FENSA Registered Organisation.

The installation in question has been accepted by Building Control - so it doesn't need a FENSA certificate.

[Tim Streater]

Well the landowner has to keep it open for use - no putting fences across it without a style or whatever, and if the land is cultivated they have to restore it within some period after ploughing or planting.

[Robin]

Can you please say where that distinction - single vs multiplke properties - follows from the law of E&W?

[Tim Lamb]

In message , Tim Streater writes

Prolly get the exact detail elsewhere but there are basic rules (England) Field edge paths may not be ploughed. Cross field paths must be reinstated within 14 days of the first disturbance and 2 days for the second. The landowner/occupier is responsible for keeping the route clear and unobstructed. (Parish Councils and user groups may get involved for heavily used paths near habitation.

In Hertfordshire, bridleway gates are a minimum of 1.5m wide and stock management stiles can only be replaced by kissing gates.

The landowner retains the ownership of the land but for Byways Open to All Traffic, the surface is *vested* in the highway authority. Nobody knows what this means but can be taken to be the surface down to 1 spade depth.

>

[Jonathan]

On Tuesday, 4 July 2017 12:04:56 UTC+1, Jim GM4DHJ ... wrote: sement Indemnity is being requested.

It's pretty common with rural properties. We didn't buy one house because the owners wanted to hang on to a yard wide 'ransom' strip.

Jonathan

[Huge]

Our last house was down 1/4 mile of unsurfaced bridle-way. We didn't get many nuisance callers.

[The Natural Philosopher]

Nope.

I just have never seen easements that applied to multiple properietes, wheres rights of way do.

I conclude there is a legal reason for this

[tim...]

my "house" is up two flights of steps

not too many people drive up to my front door

nor I

tim