Getting rid of a right of way over private land.

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    #16
    OK another one for you Mr Lawcruncher in the sun. How wide a strip must I leave for a "pedestrian right of way". I was thinking of about 3'6"; ie just over a metre to all you youngsters who know not the imperial system of feet inches chains acres hogheads and bushells

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      #17
      Back in the days when Commissioners appointed by an Inclosure Act of Parliament were empowered to a set out public footpaths, the most common width was 3 feet.
      So a path that would be about 3' 6" is an increase in width of 16.666666666666666% compared to what our ancestors were used to.

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        #18
        Originally posted by flyingfreehold View Post
        OK another one for you Mr Lawcruncher in the sun. How wide a strip must I leave for a "pedestrian right of way". I was thinking of about 3'6"; ie just over a metre to all you youngsters who know not the imperial system of feet inches chains acres hogheads and bushells
        If it is a public footpath you cannot encroach on it all and obstructing it is a criminal offence. If the width is not specified on the definitive map and statement it is the width which has been enjoyed.

        If it is a private right of way there are two starting points. One is that the width cannot be reduced so that the exercise of the right becomes less convenient; the other is that if on a sale a generous width is negotiated it cannot be reduced. However, the authorities on what a landowner can do come over as inconsistent; in certain circumstances the court may take an "it's no skin off your nose approach". So, for example, if a right of way is granted over a large forecourt some encroachment may be allowed if it does not make the manoeuvring of vehicles more difficult.

        The point to get over here is that rights of way and other easements are not rights which landowners graciously condescend to grant to their neighbours and can later change to suit their convenience. All interests in land come down to what rights you have over it. If you are the freeholder of land with the benefit of easements over other land, then the easements are part of the bundle of rights you have.

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