Insisting on a right of way? Or not?

Clifford Pope
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Joined: Tue Aug 25, 2009 1:18 pm

Re: Insisting on a right of way? Or not?

Post by Clifford Pope » Sat Mar 03, 2018 11:08 am

This thread reminds me exactly why I hate villages and "communities" and won't live in one.
Newcomers complaining about church bells and cockerells, old residents with nothing better to do raking up old deeds, competitive vegetable growing, garden fence head-shaking - neighbours, who'd have 'em? :)

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Re: Insisting on a right of way? Or not?

Post by jonahinoz » Wed Mar 07, 2018 4:16 pm

Hi Richard,

A pathway through a park can become blocked by the LA (or Parks Trust, or whoever), deciding that Joe Public is making a nuisance of himself in the dark hours, Solution, erect a couple of sets of gates. There is a nature trail (Dulais Rock) in South Wales ... with a car park ... and a sign saying that if your car is still there when they close the gates, it will be there until the morning. OK, not likely to happen with ramblers.

You don't say who is allowed to use the footpath. Pedestrians? Drovers? Equestians? Motorists? Would the same people be allowed to use the park?

I understand that the land owner is not responsible for injuries caused on a RoW (or easement). Can anybody comment on that? However, a vehicle kept/used on a road not repairable at public expense, but accessible to the general public (even if they have to pay for access) must have a registration document, carry registration plates, and have third party insurance. No need for tax and MOT, but other driving laws apply.

I further understand that a land owner is not required to maintain a RoW, but users of the RoW may make their own arrangements for a clear passage, but may not improve the access. A convoy of off-roaders will have a chainsaw in one of the trucks. I have mixed feelings about that ... some of them are caring and law abiding, some are vandals. (How many of our readers appreciated 4x4 drivers in the recent snow?)

I wonder if those who have criticised your attitude towards this blocked RoW ever use other RoWs. Your farmer may well do so. How would they feel if they suddenly found their rights are being deliberately diminished? Come to that, MY rights to use your lane are being diminished.

But hey, this RoW has fallen into disuse, so what's the problem? Two potential problems .... "thin edge of the wedge" ... and opportunities for somebody with deep pockets to "create a precedent".

A word in the ear of the Ramblers Association should soon sort things out. At one time (still?) they would go into Vigilante mode once every year, and walk every ROW in the country. Not that the RA are my favourite people ... they don't want to share.

OT ... when I was a teenager (late 1950 and early1960s) we would spend a day at the sea-side .... lovely sandy beach behind the breakwater at Newhaven. I recently did a Google, found out this beach belongs to a French ferry company ... and Joe Public can no longer go onto the beach. MOGs!

John W

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Re: Insisting on a right of way? Or not?

Post by jdfi » Wed Mar 07, 2018 9:48 pm

Has the deviation been used for 20 years? If so lets get a DMMO application sorted.

I also say that the original path should be opened up once more.

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