Signage - Private Land

Collaborate
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Re: Signage - Private Land

Post by Collaborate » Wed Mar 22, 2017 10:41 pm

stufe35 wrote:I think that's what Mac said ?
You're quite right. I misread it as saying to ask permission to erect a free standing sign.

Mweb
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Private section of Road Stopped-up

Post by Mweb » Fri Feb 23, 2018 3:02 pm

A previous owner to our home transpires stopped-up a smalls section of private/unadopted highway within our curtilage circa 15 yrs ago but not via a magistrates application.

What is the legal position?

MacadamB53
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Re: Private section of Road Stopped-up

Post by MacadamB53 » Fri Feb 23, 2018 3:13 pm

Hi Mweb,

“stopped up” has a meaning - the formal process of removing the public right of way.

did your predecessor do this, or do you mean they just blocked public access?

I’m guessing it’s the latter (otherwise why ask?) so the legal position is:

deliberately blocking a PRoW is a criminal offence under Section 137 of the Highways Act 1980 - offenders can face a fine and criminal record.

best reinstate access...

Kind regards, Mac

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Re: Private section of Road Stopped-up

Post by arborlad » Fri Feb 23, 2018 3:17 pm

Mweb wrote:A previous owner to our home transpires stopped-up a smalls section of private/unadopted highway within our curtilage circa 15 yrs ago but not via a magistrates application.

What is the legal position?


Is it the same land as in this thread: https://www.gardenlaw.co.uk/phpBB2/view ... hp?t=20690
arborlad

smile...it confuses people

ukmicky
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Re: Private section of Road Stopped-up

Post by ukmicky » Fri Feb 23, 2018 11:46 pm

Mweb wrote:A previous owner to our home transpires stopped-up a smalls section of private/unadopted highway within our curtilage circa 15 yrs ago but not via a magistrates application.

What is the legal position?
You don't stop up a private right of way through a magistrate court.
Advice given is not legally qualified and you are advised to gain a professional opinion

jdfi
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Re: Private section of Road Stopped-up

Post by jdfi » Tue Mar 13, 2018 9:07 pm

Is this unadopted right of way shown on a local Definitive Map?

Mweb
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Landowner Statement

Post by Mweb » Sat Apr 07, 2018 1:54 pm

To submit a Landowners Statement are you declaring a right of way or declaring not a right of way?

arborlad
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Re: Stile?

Post by arborlad » Sat Apr 07, 2018 2:30 pm

arborlad wrote:
Mweb wrote:Looking to affix Private Land signage for land i own and the nearest place to affix at entry to land is a telegraphic pole; could there be repercussions if fix to this pole?



No, you cannot do this. You are erecting fencing and a stile, if you are doing it correctly they will be wholly on your land - that is the place for any signage to be affixed.

One thread only please.

Mweb wrote:To submit a Landowners Statement are you declaring a right of way or declaring not a right of way?
arborlad

smile...it confuses people

jonahinoz
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Re: Signage - Private Land

Post by jonahinoz » Sat Apr 07, 2018 7:15 pm

Hi,

OK, Dad was wrong ... maybe he was talking about Yorkshire a hundred years ago.

Whatever, click .... https://www2.oxfordshire.gov.uk/cms/con ... -and-gates which might answer the original question.

John W

span
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Re: Landowner Statement

Post by span » Sat Apr 07, 2018 8:15 pm

Context?

arborlad
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Re: Landowner Statement

Post by arborlad » Sat Apr 07, 2018 8:29 pm

arborlad

smile...it confuses people

span
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Re: Landowner Statement

Post by span » Sun Apr 08, 2018 10:19 am

arborlad wrote:
span wrote:Context?

https://www.gardenlaw.co.uk/phpBB2/view ... =8&t=20690 :evil:

Oh right. Another poster who can't keep all his posts in one nice tidy thread. Well, i know the precise and exact answer he's asking for, but i am not telling it here. I'll open another thread somewhere else on the site and let him find what he's looking for there.

Mweb
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Re: Private section of Road Stopped-up

Post by Mweb » Sun Apr 08, 2018 5:49 pm

No

Collaborate
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Re: Private section of Road Stopped-up

Post by Collaborate » Mon Apr 09, 2018 7:45 am

Mweb wrote:No
No? No to what?

There are 3 replies that ask questions. If you're interested in people helping you you'd be clearer than this.

jonahinoz
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Re: Private section of Road Stopped-up

Post by jonahinoz » Tue Apr 10, 2018 9:13 am

Hi,

I'm guessing that Mweb is saying "No, it is not shown on the Definitive Map" ... so it ain't a PRoW. But it might be, or have been, an easement.

My understanding ... which might be wrong ... is that an easement benefits a property (and whoever lives therein).

Question ... where does this "highway" come from, and go to?

What does your Land Register say on the matter?

Is there a neighbouring property that would obviously benefit from the "highway"? What does their Land Register say on the matter?

It could be that the "highway" once led to land in the same ownership, or was cleared with permissiom from a PO of your property, which was later withdrawn, or the right to use the highway was mutually terminated (£££). Or it could be that your PO was bigger than your neighbour (or his PO).

Who told you that there was once a highway? Your neighbour who is now claiming a ROW? You need to know the basis of his claim, and the history of the two properties. He will be risking a frightening amount of money, if he takes this to court, and so will you if he wins. Try to keep it amicable for as long as possible. The best solution would be for him to drop his claim. Second best, for both of you, is if you let him buy the "highway" ... if you are both happy with that idea. If you settle for letting him use the ROW, make sure it is well documented.

John W

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