We moved into a new build estate last year on the 29th and between our house and next door there is a public footpath (flags) running in between. Now there has been no issues whatsoever. Everyone’s friendly and no concerns with the public footpath.
Today I arrived home to a letter by the housing developers that the footpath is only 1.8 metres wide and needs to be 3 metres. So basically the strip of Turf, privet bushes we have laid is going to be reduced and flags put in.
Now I’ve looked back through the paperwork from the solicitors and at the plans, and nowhere does it state any dimensions for this footpath.

Just wondering what my options are. The footpath was in place when we exchanged contracts and nothing has been mentioned about it needing to be extended in any stage of the buying process

who owns the freehold on the land?

Not sure I’m assuming us up to the boundary and then a private company called green belt owns the public spaces.

I’m assuming us

Check. Do you pay a yearly ground rent to anyone? even if its only a trivial amount?

Is there any development opportunity behind? 3m sounds like enough space for a driveway/car…

I thought footpaths only had to be 2.0m wide🤔

There is nothing you can do unless it encroaches on to your official land registered boundary. It will have been in the original approved site plan that will be available to view on the LA website. If the developer has opted to “get away with” (cost) a smaller path then the LA are well within their right to ask for rectification at this stage, similarly if it was a simple mistake by a setting out engineer they would again be ok to ask for rectification. Always a danger with doing any improvement works outside of your boundary. As for a 3m road that would not be deemed acceptable for vehicular access on a new development.

the strip of Turf, privet bushes we have laid

So does that mean you have laid them on the public greenspace adjacent to the land you own? If so then I think the developer has the right to rip it up. They technically still own the public spaces and us this Green Belt company to maintain it (that you’re probably paying a monthly fee for).

However, if you own the land then that is a completely different issue.

3m sounds like enough space for a driveway/car…

Yes, this. No way 3m is an official path width. There must be something they’re lying about ahem, neglecting to mention.

If it’s a public footpath on your land, it doesn’t need to be paved. There just needs to be sufficient room for it to be suitable for unobstructed use as a public right of way on foot.

If it is a footway/pavement, then refer to the plans which show the boundary of your property.

Digging out the original planning Section 106 agreement may be helpful in these circumstances, as it should specify exactly what the developer is expected to provide.

Something else is going on here. What does it lead to?

Yes, this. No way 3m is an official path width.

Sustrans guidance for an unsegregated shared use path is minimum 3m width

https://www.sustrans.org.uk/sites/default/files/images/files/migrated-pdfs/Technical%20Note%2019%20-%20Segregation%20of%20shared%20use%20routes.pdf

No the privet bushes are on the edge of the turf that they laid basically dug our turf to put them in. They aren’t encroaching onto the path.
To extend it from the current 1.8 metre to the 3 would mean them digging up the turf and laying flags.

This is how it was when we exchanged contracts and not one word was said about making it wider.

Not sure i’d post details of exactly where I lived on an internet bike forum.

Still time to edit…

I don’t get this.

If it is their land they can do what they want (within reason)
If it is your land they can not.

Who owns the land they want to widen the path on to?

I’ve had a glance at the drawings submitted as part of the open space plan for the original application. The width of the path, which is described as a shared cycle/footpath, certainly looks to be 3m or thereabouts. The sustrans guidance would support this.

So it is likely that the council is not happy with the width as currently provided.

What is key is precisely what area of land has been sold to you by the developer. If the developer has sold you the land, it will have to buy it back or come to an arrangement with you to make good its obligations under the plans.

Go back to whoever conveyanced it for you and double check. Oh, and speak to the planning department who may be able to confirm whether or not they are taking enforcement action.

Basically our boundary goes up the path and they want to extend the path onto my boundary.

Is it your land or their’s? Their’s then can’t see there is anything you can do about it.

First thing is to check the boundary drawings as others have said and take it from there.
If I’m looking at the right property then where you have planted the plants seems to be on your land.
Good luck hope you get it sorted as it looks better now than just a flagged path will be

this lot https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8&sid=e97ccdfc9671abdfcee629b12ae2568a can be extremely useful

Basically our boundary goes up the path

The existing path? Worth a double check with your ruler. If they have sold you the land, though, they can’t just grab it back because they’ve cocked up.

The starting point, and really the only point, is what does your title plan and register say?

The title plan is, counter intuitively, not determinative of the exact position of the boundaries under the ‘general boundaries’ rule; essentially, unless the boundaries are specifically fixed by agreement, the plans only show the general area in which the boundaries are located:

https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3#general-boundaries

However, you can generally reach a reasonable conclusion with reference to the registered title plan. I’d also take a look at the sale contract and the transfer which may include provisions for the developer to alter the boundaries within a specified time.

If they have sold you the land, though, they can’t just grab it back because they’ve cocked up.

This, absent a saving provision in the contract, and even that is potentially an unfair contract term if it allows the developer to deliver something substantially different than that originally contracted for.

I did mention way up there ^^ to check what was registered when you bought the property. If it’s your land then the developer has to buy it back from you. The council can force them to make the path the width it should be, if that means reaquiring the land then so be it. As I said before it was either a setting out error or a very bad judgement call on cost saving.

May help if we know if your in Scotland or england as laws are different

Frank S sed> I don’t get this.

If it is their land they can do what they want (within reason)
If it is your land they can not.

Who owns the land they want to widen the path on to?

This isn’t necessarily true. Your deeds may include provisions for the developer that sold you the plot to make changes to your property if required by other organisations, such as utilities and highway authorities.

When you bought the house, was there any physical boundary marking, such a fence, or was it just your understanding that the edge of the flags was the boundary?

**** me this is hard work.

Is it not for an emergency access? A lot of sites we build have these to let emergency vehicles get through to more inaccessible parts of a development; usually 3-4m wide – or is it a shared footway / cycleway, usually 3m wide