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Old 17-03-2005, 07:28 PM
Alan Gould
 
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In article , Mike
writes
A very interesting dispute has arisen reference 'vehicular access' whereby
someone is 'digging' into a neighbours hedge and removing much of the
thickness, which in turn has killed it, to have 'VA' to his back garden via
a narrow footpath between two properties. This narrow footpath 'can' be
stretched to 3 metres wide using the verges and does have VA to an
Electricity Board sub station, but there is a padlocked pillar to keep all
and sundry from driving down. This person has a key for 'occasional V A' to
get to his rear garden. He is playing on the "3 metre rule" whereby with 3
metres available, even over this public footpath, he can have 24 hour
access.

Question.

Is this "3 metre rule" a standard norm and can he play on it?

If not, what is the normal and varied access width around the country?


Vehicular access is not legally permitted on public footpaths.
If the Electricity Board have vehicular access to it, the path will be a
private carriageway for their own use only.

Statutory widths of Public Rights of Way unless otherwise recorded a
Footpath: 1 metre across a field; 1.5 metres at field edge.
Bridleway: 2 metres across a field; 3 metres at field edge.
Other Rights of Way: 3 metres across a field; 5 metres at field edge.

At the time of the 1770s Inclosures Act, foot roads were 'awarded' 60
feet wide between their hedges, but laws have changed since then.

Your 'someone' would do well to seek legal advice.
--
Alan & Joan Gould - North Lincs.