On 19/06/12 09:10, Nick Whitelegg wrote:
On 18/06/2012 13:28, Gregory wrote:
How do footpaths work legally with textual descriptions?
If a field has a stile/gate at opposite corners. The footpath may have
originally cut across, legally the landowner has to allow access
between the two gates, but can he make people walk round the edge of
his field. Also in reverse, if the footpath was originally walking
round the edge until people walked diagonally across and the landowner
allowed that by leaving a gap in crops and blocking the edge.
Has the footpath/access changed?
No, it hasn't. A landowner can offer an alternative route, but that
doesn't affect the right of way which remains in the same place as it
always was. (Assuming they haven't taken legal steps to change it.)
Landowners are required to reinstate the surface of a footpath after
ploughing, and keep it clear of vegetation to a width of 1 metre if
crosses a field or 1.5 metres if it goes round the edge.
Jonathan.
Which frequently they don't
Indeed they don't - and that's to say nothing of replacing stiles with
unclimbable fencing or even putting electric fencing across the line of
a RoW, as one farmer near my last house used to do all the time.
It's the responsibility of the County Council/Highway Authority to make
sure paths are kept clear, so they're the ones to contact about it. They
have the power to clear the path and charge the work to the landowner,
though I'm told usually just the threat of this works.
J.
--
Dr Jonathan Harley : Managing Director : SpiffyMap Ltd
[email protected] Phone: 0845 313 8457 www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK
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