Buying a house in the picturesque county of Derbyshire offers the opportunity to enjoy stunning landscapes, charming villages, and a rich history. However, if you are considering purchasing a property that has a public footpath running through its boundaries, it is essential to understand the implications and how it might impact your ownership experience.
Legal Considerations
In the UK, public footpaths are protected by law under the Highways Act 1980, and they grant the public the legal right to pass through designated routes. If a footpath runs through your prospective property, you must accept that it cannot be obstructed, moved, or closed without following a formal legal process. Derbyshire County Council is responsible for maintaining the county’s public rights of way, and they can provide crucial information about any footpaths affecting the property.
Before purchasing, it is advisable to:
1. Check Property Deeds and Local Authority Records – Your solicitor should review the title deeds and the definitive map held by Derbyshire County Council to confirm the official status of the footpath.
2. Apply for a Diversion Order (if needed) – If you wish to reroute the footpath, it is necessary to apply for a Public Path Order but be prepared for a lengthy and potentially costly process.
3. Clarify Maintenance Responsibilities – While the council may maintain the path, property owners are often responsible for keeping it free from obstructions such as overhanging branches.
You may also wish to consider whether you will be able to take out appropriate home insurance that covers public liability in the event of accidents on the footpath.
A public footpath within your property boundary can raise concerns about privacy and security. Popular routes in Derbyshire, such as those leading to the Peak District National Park, can see significant foot traffic, especially during weekends and holidays. To mitigate potential issues:
• Install Fencing or Hedges – Strategically placed fencing or dense hedging can help delineate boundaries and protect private areas
• Use Signage – Clear signage can help direct walkers along the correct path and discourage them from straying onto private land
• Security Measures – CCTV and motion-sensitive lighting can provide peace of mind and deter trespassers
Impact on Property Value
The presence of a public footpath may have mixed effects on property value. For some buyers, easy access to scenic walks and trails can be a significant advantage. However, others may see it as a deterrent due to privacy concerns. It is essential to weigh both aspects before making an offer. Speaking to local estate agents can provide insight into how footpaths have impacted the saleability of similar properties in the area.
Conclusion
Purchasing a house with a public footpath within its boundaries in Derbyshire requires careful consideration. Conduct thorough research, consult legal experts, and consider practical privacy measures to ensure the property aligns with your lifestyle and expectations. With the right approach, it can offer a unique blend of rural charm and accessibility to the county’s outstanding natural beauty.
How Can Timms Help?
If you need further information regarding buying a home with a public footpath in the boundaries, please do get in touch on freephone 0800 011 6666 or via email at legal@timms-law.com.
