Public Footpaths

I want to make an offer on a lovely house with a large garden, but I was dismayed to see that a public footpath runs along the edge of the garden and into the fields. Can I get the footpath relocated?

A public footpath is a granted right for members of the public to access across land, and is usually established by express dedication given by a landowner to the public for a right of way across his land. Another way of having a footpath created is in terms of Section 31 of the Highways Act 1980 where there can be a presumed dedication of a right of way if the public have used it, unchallenged, for a period of at least 20 years.

You may be able to divert the public right of way permanently but you will have to make an application for a public path order to the local authority in order to do so. The local authority will consider such factors as if the diversion of the footpath is necessary for development of the land, and planning permission has been granted for such development. Another factor is if the diversion will benefit the owner of the property, or if it will benefit the public. Another factor, which may result in closure, is if the footpath is in fact no longer used by the public.

The time a public path order takes to be granted is...