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Taking right route on footpaths

A RECENT Strutt & Parker survey found that 22 per cent of people would not consider purchasing a property if a footpath crossed the fringes of the land.

And 87 per cent would be put off from if a footpath crossed the driveway near to the house.

So, what are the options open to purchasers and how do you find out about the route of a footpath? These are common questions asked when buying farms and country houses. Ralph Crathorne, of Strutt & Parker, said: “There are many options open for land owners who wish to remove or divert problem footpaths.

“The most difficult option is to apply for the complete removal of a footpath, as the majority of county councils, who have the responsibility for public rights of way, are wholly against their removal.

“The most likely option is to apply for a diversion of a footpath away from the farmhouse. An application form must be submitted with a fee of usually around £950.”

Mr Crathorne warns that making an application without first talking to the local parish council, the designated parish warden for the particular area and the Ramblers’ Association, can result in a costly mistake. In addition, if a proposed diversion to a bridle way is to be considered, prior consultation with the British Horse Society can be useful. The warden will visit the footpath and advise you on the correct diversion for the footpath to take.

“A diversion to a footpath which benefits the landowner, with no significant reduction in the amenity value of the footpath to the rambler, will stand a greater chance of success,” Mr Crathorne added.

Another option can be found with permissive footpaths.

“A permissive footpath allows landowners to provide access over their land without establishing a permanent right of way. One of our clients allowed a permissive footpath over their land and in return was met with no resistance when they applied and successfully obtained a diversion to a footpath away from the farmhouse.”

It must be made clear that the access over their land is permissive and with the expressed intention that it does not become a registered public footpath in years to come.

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