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Council Disown Public High Way

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newbie99 | 18:16 Thu 09th May 2019 | Business & Finance
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A friend is trying to get the council to clean the litter and unblock the drainage on the public footpath high way.
The council refused and telling the business owner (my friend) to clean and unblock the drainage. The service has been provided by the council in the past decades without a fuss. Why suddenly the council refused to carry out their duty?
Can the council do this? It is a mediaeval passage used to connect between the high street and he's other main road as foot paths. The foot path carries main sewer pipes.

What is the best way to tackle the issue? Obviously my friend doe wants to take on the public liability.

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First thing I'd do is contact the local councillor and make them aware of the problem.
Has the council officially adopted the road?

as to why they're doing it: most likely to cut costs. As to whether they should do it, you need to answer Tuvok's question. Are you sure it's a council passage?
Question Author
The footpath is a Medivial passage.

We have checked the property search documents which was done by the solicitor. It states clearly that the footpath is maintained by "Public Expenses".

The property deed clearly shows the boundary of the property. The footpath is not shown as part of the property boundary.

However, there is a statement of old English gargon that we can't understand under the C: Charges register. I will repeat it is below. The bit need deciphering is the "Subject to any......."

Here goes....

C: Charges register

This register contains any charges and other matters that affect the land.
1. (Date entry) The land is subject to the rights reserved by the registered lease.
2). (Date entry) The land is subject to the following recipient guys contained in a Conveyance of the freehold estate in the land in this title and other land dated XX made between (1) Person's name (2) Person's name):-

" Subject to any right of light now subsisting and any right of way over XY Footpath aforesaid."
you need to determine if the passage is adopted.
Question Author
The passage existed as far as 1800 hence classified as Medivial Passage.
The search also states that there is no roads or footpath in approximity to the property require adoption by the council.

Could anyone explain the last bit of the deed is saying,i.e " Subject...."
Question Author
This is my wild guess: Is it that the land owner need to provide light and access to the passage?
all irrelevant unless it is adopted.
Question Author
If no one's wants to claim it. That's fine, at least we are not liable for any public liability, ref deed is clear that we don't own it.
thanks for posting

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