Long shot - dropped kerb before PP existed?

[Ruralgal]

you might also want to post this in the ROW forum on gardenlaw

Yes I was planning that but when I tried to register it said that someone had to email my login details etc. Heard nothing yet.

 

[IT Minion]

Are there paths between the gate and the outbuilding? If any of them could be removed and replaced with say a decorative rock garden, then that would mean that there no longer is a continuous footway and so she wouldn't be able to get to the outbuilding that way?

Of course that might be worse than your current arrangement as it'd clearly be you trying to impede her established rights...

 

[Ruralgal]

Are there paths between the gate and the outbuilding? If any of them could be removed and replaced with say a decorative rock garden, then that would mean that there no longer is a continuous footway and so she wouldn't be able to get to the outbuilding that way?

Of course that might be worse than your current arrangement as it'd clearly be you trying to impede her established rights...

Thanks IT. We have a defined path along the back of the houses to the outbuildings. She's claiming she is entitled to walk up the drive instead. Getting rid of the drive isn't an option I'm afraid as it's a very busy road and off road parking is a premium - house price would devalue big time. Plus general parking on the road side is tricky at times as we have a local pub within 2 mins walk so when that's busy it causes problems. The council have recognised it as a drive on account of the existence of the dropped kerb - but no one seems to be able to find any data on when it was installed, so probably prior to the 70s before the PP requirements were in place etc etc.

Not to worry. I think generally it could be a moot point and I've been reading up on a lot of easement law. Given that she still has unimpeded access from her back door and there's no necessity for her to go via the drive even if it was deemed a path, then we may be OK, on the other hand it could go completely the opposite direction...who knows :O)