Ask an Property Solicitor. Get an Answer ASAP.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Have you contacted the local authority please to obtain a copy of the definitive map for the section of footpath in question please?
Is your garden enclosed with fences or hedges?
Our semi detached cottage is in a very rural position all once owned by local Peckforton Estate. When we bought it the survey map shows it going through our property but at the time the definitive map showed it running through the field but this map has now been changed to show it running through our property. The house is enclosed by a hedge and our septic tank lies in the field on the other side of the hedge beside the footpath. The council claim the footpath was moved but have no record of it being moved. We believe that the hedge was planted when the estate sold our cottage. There is no mention of a footpath in the conveyance but there is detail of our need to maintain the septic tanks in the field. The man who owns the field lives in a huge house across the field. We built an outbuilding which he does not like as it affects his views of Beeston Castle and he is doing everything in his power to try and force us or the council to demolish it. This is his latest effort and the council are siding with him. The council really have no proof other than old documents that relate to a lane that used to run in front of the house. The council had their highway department survey the property and they overlaid a 110 year old map with the definitive map and came to the conclusion that the path should be on our side of the hedge. The hedge is not a legal boundary and we are contesting their findings
why have you stepped out?
I am sorry you have rated my service as bad. I have not had the opportunity to provide you with any serve to date. I should be grateful if you would consider rerating to enable me to continue as unfortunately I cannot continue with a bad rating and I shall have to opt out. Would you kindly advise how you would like me to proceed?
I have sent you brief detail. Could you answer the main question which is whether the footpath should be detailed in our conveyance document
Thank you for the above. Unfortunately you have rated my service to you as bad before I have had the opportunity provide you with any service. If you would kindly consider rerating my service as I cannot continue if you have rated my service to you as bad. I would be happy to assist of course subject as above.
if i rate again the chat closes and i have not had an answer
We can continue in question and answer format in real time. Normally you would rate at the end of our chat but unfortunately because you have rated bad, I cannot continue any further as this will reflect on my profile. I would be delighted to assist but alternatively if you prefer I can opt out and others may be prepared to assist.
I am happy to rate at the end of the chat.
Thanks. Unfortunately I will have to opt out on that basis as I cannot provide an answer with an existing bad rating. I am sorry I was not able to assist you this time. Colleagues may be prepared to assist you. I wish you all the best with a resolution.
How do I get my money back then
This is daft. I will hit OK service but i just would have liked an answer.
I can read it, yes.
Some months ago when this first reared it's head I called the office which held the definitive map and the clerk looked at it online with me. It clearly showed it running through the field but then when I heard that the council were saying it should go through our property I called the office again and the clerk told me that it now showed that it runs through our land and it must have been chenged, The council agreed that it had been changed. I have the map from when we bought the house but it shows it going through our land. We believe our property was reduced in size when the estate sold it so that the path would not run through it but we have no proof. We believe that the hedge was put in after the map was drawn up otherwise why would our septic tanks be on the other side of the hedge?
At the time the solicitor pointed out that a footpath ran adjacent to our property but it showed on the 110 year old ordnance survey map that it ran through the property. As the council maintained the path through the field and had done for years we assumed it was moved prior to our purchase but again there is no mention of it in the deeds.The DM after we bought it showed it going through the field but has been changed in the last six months since this investigation started to show it going through our property.No there is no map showing it going through the field but we do not think it has been moved we believe the hedge was planted to separate the house from the path. Nobody is able to define the actual legal boundary.
Have you replied yet as I cannot see your response.
Thank you. That has been a big help, eventually:)