why is it some people are a pain in the backside?? the path I and other dog users on this estate use as a cut through onto the back lane is as from today out of bounds. seems some idiot tried to ride a quad bike through there..i wouldn't have thought it was wide enough..and collided with someone walking through, this person/victim complained to the police who contacted the land owner, the land as we speak is being fenced off, the gap in the bank has already been filled in. this idiot has only been here a few months-less than 6. this access has been used since our house was built..about 20 years or so....how come the thoughtless actions of some idiot/johnny come lately can mess it up for everyone else?. now I've got to walk the long way around!! "Mr pissed off and angry!!"
Hi BP, see if it has become a public right of way - I recollect a friend had this because it had been used as a public right of way for ages and as it had not been closed off once a year it defaulted to public right of way by law at which point it has to remain accessible.
(22 July 2013, 15:49)Arnie72 Wrote: [ -> ]Hi BP, see if it has become a public right of way - I recollect a friend had this because it had been used as a public right of way for ages and as it had not been closed off once a year it defaulted to public right of way by law at which point it has to remain accessible.
yeah possibly but the work is being done NOW by the time I get hold of anyone at our useless council it will be all completed. what they call a "fait accompli"!!
Easy option post at each end to stop morons trying even to get a quad down there.
i'll have a look tomorrow morning to see if the fencing is up yet, digger was clearing the land, had already filled in the bank. it solves one problem though, that was a pedestrian access post shtf, now there is only 1 road access and 1 pedestrian access...down the bottom of the estate...left.
If it is a public right of way BP, then it will be worth your effort,.. it will have to be re-opened.
This site may help BP...
"Presumed dedication
a) under section 31 of the highways act 1980
To establish that a way has become a right of way by means of presumed dedication it is necessary to show firstly that there has been uninterrupted use by the public (not necessarily the same people all the time) over a period of 20 years in the belief that that use was as of right. Deciding who 'the public' are can sometimes be difficult and may depend on the facts of the case. But in general it should be people other than those working for the landowner concerned, and the belief that use was as of right excludes use which was known to be with the permission or licence of the landowner. The period of 20 years is counted back from the date on which the public's right was first brought into question, for example through the erection of a fence or locking of a gate across the way, however long ago that date was. Evidence of use, or of interruptions of use, since that date is not relevant to the existence of the right of way at the date it was interrupted."
http://www.naturenet.net/row/makerow.html
(22 July 2013, 17:29)Grumpy Grandpa Wrote: [ -> ]This site may help BP...
"Presumed dedication
a) under section 31 of the highways act 1980
To establish that a way has become a right of way by means of presumed dedication it is necessary to show firstly that there has been uninterrupted use by the public (not necessarily the same people all the time) over a period of 20 years in the belief that that use was as of right. Deciding who 'the public' are can sometimes be difficult and may depend on the facts of the case. But in general it should be people other than those working for the landowner concerned, and the belief that use was as of right excludes use which was known to be with the permission or licence of the landowner. The period of 20 years is counted back from the date on which the public's right was first brought into question, for example through the erection of a fence or locking of a gate across the way, however long ago that date was. Evidence of use, or of interruptions of use, since that date is not relevant to the existence of the right of way at the date it was interrupted."
http://www.naturenet.net/row/makerow.html
thanks GG, but the fencing is going up tomorrow morning.
(22 July 2013, 17:46)bigpaul Wrote: [ -> ]thanks GG, but the fencing is going up tomorrow morning.
That site seems to me to say '20 years public use up to the date of being fenced off, however long ago it was fenced/blocked'. Meaning, I would have thought, that if the decision was in the public's favour, they'd have to take it down again and restore the access.