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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mum house has a bridal path, starting at the drive way on

Resolved Question:

My mum house has a bridal path, starting at the drive way on the right hand side,turning to the left ( which is the back of the property),then leading straight on for about a couple of maters (10).
User evidence in the past 22 years, No horses, no walkers using the path.
My mother kept the path in good order,but became ill, so the local council ( North Wales) cut the over grown grass and put up new signs as a bridal path.
They sent a notice to her, informing her to keep her rubbish bins by the side of a wall that they specified and to remove her washing line.
My mum and the local council are joint owners of this bridal path.
How do you make a bridal path that is not being used redundant or buy it of the council?
Regards,
Frank
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. If a bridleway is never used, under s117 Highways Act 1980, an application can be made by the Council Highways Department to apply to the Magistrates Court for a stopping up Order (ie an Order that the bridleway be no longer). Upon receiving such a request, it is entirely up to the discretion of the Council as to whether or not they make such an application. So, your Mum should speak to the Council, explain that it is never used, as well as providing any good reason why it should be stopped up, and see what they decide. If the bridleway is subsequently stopped up, the land automatically reverts back to the landowner, so if your Mum's Deeds show that she owns the sub soil, the whole of the bridleway will vest in her ownership. I hope this assists and sets out the general legal position. If I have helped, please would you be good enough to rate my answer. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Can I assist any further?

Kind Regards

Al

Aston Lawyer and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Al,
Thank you for your follow up, really appreciated and advice.
I would like to know what are the minimal dimensions for a bridal access for a horse to use the bridal path and if a horse cannot use it safely, would it be unfit for propose ,( a zigzag small path, with very acute sharp edges).
If the local council refuse to have it stopped up, what are the other legal challenges and how do you go about proceeding
to obtain a fair result?
Kind regards,
Frank