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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33037
Experience:  Over 20 years experience
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The enclosed end of our cul-de-sac is fenced but with pedestrian

Resolved Question:

The enclosed end of our cul-de-sac is fenced but with pedestrian access to an adjacent public footpath. This has been in situ since these houses were built about 35 years ago.
All of the houses are "open plan", ie have no garden walls. Following some development in the area we are now suffering an ever increasing number of dog walkers using the cul-de-sac as a thoroughfare to the public footpath, with some gardens being fouled by dog excrement. The question now being raised is can we fence off the pedestrian access?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
Who owns the land in question?
Customer: replied 2 years ago.
The cul-de-sac is an adopted road, the public footpath is owned by a developer.
Expert:  Thomas Judge replied 2 years ago.
The starting point will be to contact the highways department to determine whether this piece of land has an easement which makes this is a public right of way. If you block the path deliberately then it is actually a criminal offence under s. 137 Highways Act 1980. Offenders can face a fine and a criminal record. A recent case has also confirmed that you can not put a gate across it even temporarily. Happy to discuss. Please rate positively - thanks
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