A PETITION to create a public right of way across private land has concerned the landowners.

Durham County Council has received a petition from 100 Howden-le-Wear residents calling for a privately owned access road to Victoria Cottages to be opened up to the public.

The residents allege to have used the track for years and the council is now investigating whether ‘presumed dedication’ applies. This is when a right of way comes into being by the regular interrupted use of a route for 20 years or more without challenge.

The petition was started when a landowner put up a No Public Right of Way sign.

However, Jason Groves, whose mother has owned one of the three properties which own and maintain the track for 35 years, claims it has only been used regularly since the petition was launched.

He said Victoria residents had only been aware of and tolerated the occasional walker over the years.

Mr Groves, who cares for his mother, said: “Most of the people on the petition have never walked down here and most of those who have have only done so recently. I’ve had people screaming and shouting at me because I’ve asked them to put the dog on the lead. It frightened my mother who has dementia and has had a stroke.”

Mr Groves said locking gates was also a necessary precaution to prevent joyriders and motorcyclists, who have repeatedly trespassed on the land.

The council has asked all of the landowners and interested parties to comment and submit evidence as part of its investigation. It has received 37 submissions of evidence so far.

Adrian White, head of transport and contract services, said: “We’ve been contacted by members of the public who would like to see the track at Victoria, Howden-le-Wear declared a public right of way based on the use of the route over the last 20 years. In line with our statutory duties we’re now investigating whether this should be the case and are already in contact with local residents and landowners about the possibility. When we have assessed all of the evidence we will make a recommendation to our Highways Committee so they can then make a decision.”