ROW part 2

[tigerlelly]

The council has said that because this chap has fenced off the footpath to make it part of his garden they cannot do anything. This surely cannot be right or we'd all be able to fence off bits of land and call it our garden!!
it's been used by residents for over 50 years. Turns out the chap is a property developer.

[albaqwerty]

sorry I can't offer any legal advice, it sounds to me as if the council are hoping for a quiet life. Can you and other residents organise a petition against the fencing off and bombard local newspapers and the council?
Wish you well.

[buildersmate]

Absolutely it seems they want an easy life.
Have you spoken to the Rights of Way Officer? That is the sub-group you need to be talking to. What Council is it? (Suggest you don't give out full details of where this is - just the council will be enough for me (or others) to check it out).
Please add further updates onto the bottom of your existing question (probably this question - now you've started a second thread).

[buildersmate]

I'm sure you appreciate, to some people, having the public with the right to wander across one's land is a pain in the arris. They think it devalues their land. So he'll probably fight to try and block off the access.
The council need to tell you what process they follow for making a new application for a ROW.

[tigerlelly]

Absolutely, but the bit that goes down the side of his propery was already fenced on both sides, he has just blocked the entrance and exit and is ripping down the original fence down his side to extend his garden by 3-4feet. The residents are talking to the ROW officer at East Dorset District Council at the moment so will update when I hear from them.

[cassa333]

AS said the row officer will be better able to advice. However you could try gardenlaw.co.uk for this as well.

[buildersmate]

Dorset is organised such that the County Council, not the District Councils, deal with the definitive map of RoW and RoW issues. These are the people you and your neighbours need to be dealing with - at Dorset County Council (which I presume is centred in Dorchester).
http://www.dorsetforyou.com/index.jsp?articlei d=386549

[tigerlelly]

Thanks, yes they found that out and will be speaking to Dorchester sometime today.
It's not looking good as the council says it will take a long time to process and if, in the meantime the fellow builds on the 'stolen' land and makes it a definitive part of his garden their 'hands will be tied'. As he's a developer he will know all this so I'm sure he'll be putting up a summerhouse or a pergola immediately.