Right of way in Fairfield
From Patricia Guilfoyle
Weds 21 May 2025
Very sadly it would seem residents on Railway view once again are challenging the established right of way from Norfolk Street to Palace House Road, by trying to redefine the Right of Way as a permissive path. They have put up two signs indicating this.
In 2018 they withdrew the attempts to block the pathway after upsetting the majority of their neighbours and after a neighbourhood meeting had been called.
At the moment there is an Application for a Definitive Map Modification Order - Norfolk street to Palace House road via Railway view , Fairfield Hebden Bridge, lodged with Highways Calderdale council and I have asked for direction on this matter from Calderdale with hope that the process will be speeded up.
All I can say is that if you live on an unadopted road and the deeds show land ownership to the middle of that road it means you have a responsibility to maintain that land including Right of Way, for access and possibly water pipes and walls if there are any.
It is not an excuse to make a land grab and to deprive others of long held rights and to change the freedoms of your neighbours to walk through those roads. Unfortunately this attitude of entitlement seems to be spreading in Hebden Bridge and I find it to be very sad.
I have lived on an unadopted road in the past for many years, and if I had displayed the behaviour I am witnessing now I would have cut off vehicular access to all my neighbours which in fact I had a responsibility to maintain for emergency access if nothing else.
It would be good to see people acting in a more community minded way.
From Gary W
Thursday, 22 May 2025
I spent my entire childhood (I was born in 1970) growing up on the Fairfield estate. Throughout that period, (and continuously since) the path along Railway view was the route that all parents children and adults used to walk to central infants street school, riverside junior school or indeed to get to Hebden Bridge town centre.
This right of way therefore goes back over 50 years, far longer than the 20 years of continuous use that is usually required to establish such easements (see here: https://bhwsolicitors.com/news/claiming-rights-long-user/ )
To my mind, trying to weaken such a long established right of way is akin to moving next door to a church and then complaining about the sound of the church bells.
From Vikki Uttley
Sunday, 25 May 2025
Like Garry, I and my family friends have used this 'cut through' since the 70s, later I always felt it was a safer way than going over the railway bridge all be it with traffic light. Something similar happened adjacent to St John Close and the cut through to access Stubbings School, access blocked but after 'discussions' has since been resolved.
I can't understand why people move to Hebden Bridge because they like the sense of community and the, to use a lovely hippy term, laid back atmosphere. It would appear we can't in some instances continue to live and let live and then have to sometimes, call out the lack of community spirit which does impact on our neighbours and friends. I hope the issue gets resolved so all involved are happy.
From Steve W
Saturday, 31 May 2025
I have lived on the Fairfield estate for 25 years. I have lived in Hebden Bridge for 30 years. I have always loved living here but, as the previous comment says, have seen a change in the live and let live attitude.
The walkway at railway view has always been a well used right of way. I have noticed that access has been reduced and the path being made narrower and narrower. I believe that pushchairs and wheelchairs can no longer use this right of way because of the narrowing. Its almost impossible for a wheelchair or pushchair user to go up and down the hill, around the right of way. Also the elderly would find it difficult to access Hebden centre from Fairfield without this right of way, isolating themselves from the community and shops.
I find this selfish attitude of denying access a poor reflection of society today.
From Patricia Guilfoyle
Tuesday, 3 June 2025
I have noticed today that the residents concerned have removed the signs and also made the pathway easier to navigate. I appreciate their decision to do this.
From Toby Rainland
Wednesday, 4 June 2025
Yes, it certainly is so disappointing that the issues surrounding Railway View have yet again been re-ignited because a few residents removed items from our garden, harassed us, accused us of stealing land, of being liars, etc.... are all very unpleasant and stressful.
As the resident of 8 Railway View, hands up, due to the above I did put up a sign saying "Welcome (permissive path) - Railway View Garden Established 2015 - Privately owned & managed by Toby & Stella".
This might not have been the best wording but under stress this is what I wrote. It's meant to convey that you are welcome to come through and we are not preventing you from doing so. I apologise if it meant something else to you.
However, none of us are legal experts in land issues which are very complex indeed.
More importantly our letter sent to the public meeting in (was it 2018?) was not permitted, by those hosting the meeting, as it could have saved years of misunderstandings!
This is what the letter stated, condensed as its too long to write it all out.
Sent to the Public Meeting in 2018
"We are not objecting to a 'right of way' application....all of Railway View is privately owned...once a right of way is established we hope you have more success of moving the white van than we have... As friends of Fairfield we would hope you are able to encourage positive communication and behaviours and actively discourage negative attitudes towards all members of the community..."
So to yet again re-confirm our position
- We do not object to a public right of way being officially established, this would be helpful to all of us
- The land is privately owned
- We have never blocked the path over Railway View
- The width of the path is maintained by us to be 1.2m wide
- The final width of the path I believe will be determined by the Rights of way officer
- We will not be posting anymore signs regarding the path
- We respect due process of the legal system
We would like to simply enjoy peace & quiet in our small but perfectly formed garden area created because our neighbour has blocked access to it for 8 years!