Nigel
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Watching over Gotham City keeping us safe
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Post by Nigel on Jul 13, 2016 16:26:00 GMT
There's a half a mile of farm track near me owned by the local squire. It forms part of a very pleasant couple of miles circular walk, the rest of the land being council owned. Anyway, signs went up today, no public right of way, private land, trespassers will be prosecuted, CCTV monitored (I very much doubt this last part) etc.
What does one do? Ignore the signage? Or obey and come to terms with the fact that sadly, this is one walk you won't be enjoying again.
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Deleted
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Post by Deleted on Jul 13, 2016 16:44:48 GMT
There's a half a mile of farm track near me owned by the local squire. It forms part of a very pleasant couple of miles circular walk, the rest of the land being council owned. Anyway, signs went up today, no public right of way, private land, trespassers will be prosecuted, CCTV monitored (I very much doubt this last part) etc. What does one do? Ignore the signage? Or obey and come to terms with the fact that sadly, this is one walk you won't be enjoying again. Interesting how similar to a situation here in South Carolina USA. Two years ago, the local town had constructed a wooden walkway over a swamp, connecting the busy adjacent park and fishing pier and souvenir shop/deli to a paved path that's obviously made for walking along the harbor, to a point 1/2 mile distant where hotels and restaurants are. The paved path includes iron benches and rubbish containers, all currently unused, and signage at the end of the wooden walkway ahead of the path that reads "Warning - Private Property - Trespassers Will Be Prosecuted". It's bizarre, since everything is in place to allow people to walk from the existing public park out along the harbor to the hotels etc. But some unknown entity holds the rights to the path, and will not allow access, even though the path is complete, paved, and set up with benches and refuse containers.
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Post by PinkFloyd on Jul 13, 2016 19:09:24 GMT
No such thing in Scotland, thankfully, we are free to roam without being shot by some disgruntled landowner. I would ignore the signs Nigel, walk around as you normally do and see what happens but wear a pair of dark glasses and have a cane in your hand. That way, if some pompous oaf tells you that you are trespassing you tell him that you didn't see any signs as you are blind and then whack him on the face with your stick shouting "how dare you threaten a blind man!". I was down in Oxford a good few years back and the girlfriend and I were walking down a path in the countryside when this woman and three black labradors appeared and exclaimed "this is private property, can you please leave!" I told her, quite politely, to f**k off and she then threatened to set her dogs on me! So funny, three black labradors as soft as putty...... I said to her "if they come anywhere near me I'll put my boot up their arses!". They can be quite funny down in England, especially the posh parts, and the best thing to do is to tell them to get lost and carry on doing what what you are doing. If they have a gun, however, RUN!
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Post by maxloud on Jul 14, 2016 21:56:00 GMT
Hi Nigel, are you sure the path is really not a Public Right of Way? In the past landowners set up signs like that, just to discourage people to really enjoy the free roaming rights (might be the only positive thing of the Tony Blair legacy, if I remember correctly). We have had too many walks sandwhiched between two high stone walls, with no views at all in England. It is time the same freedom to roam rules should be applied south of the Tweed, too. I would simly press my local MP on this... He won't change legislation anytime soon, but may be he can convince the landowner to be a bit more open and polite towards the neighbourhood. But, well, then, retro-thinking seems to be en vogue now.
Max
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Nigel
Been here a while!
Watching over Gotham City keeping us safe
Posts: 2,064
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Post by Nigel on Jul 15, 2016 12:55:20 GMT
Thanks Max. I guess I can check up with the local council as to whether the public have a right of way. I suspect it isn't one but worth a phone call nevertheless.
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Post by freddypipsqueek on Jul 15, 2016 15:03:29 GMT
It is worth speaking to the Council - see www.gov.uk/government/publications/definitive-maps-of-public-rights-of-way-change-the-legal-records. The Council might not however be aware that a right of way exists as they are only really concerned (particularly with austerity) where the road falls under the Highways Act 1980 and they have maintenance responsbilities (s.41). Public Rights of Way are created by use - they are a common law principal in land law. IIRC the Public must have been able to use the route for 20 years without interuption. It is imporant that there is no interuption and often many freeholders close the route off for a day every year to avoid a right of way being created; the Church of England usually do so, so don't be surprised if a perfectly reasonable person blocks the way occasionally. It doesn't sound like your freeholder is reasonable though. Once a right of way is created then the landowner must maintain it with associated costs which they don't like. The above guidance will help. A.
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