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Month: June 2019

Obstructing Verges

Obstructing Verges

I am obliged to deal with a lot of hostility when defending my right to object to a Public Right of Way being claimed to go through my garden. I often wonder why it is that the same people, who criticise me, see absolutely no parallel with others who take great objection to the grass verges outside their boundary fences being driven over by vehicles trying to pass in a narrow lane. The verges of roads are part of ‘the…

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ANN’S MYROW DIARY W/C 16th June

ANN’S MYROW DIARY W/C 16th June

Sunday 16th News of another case lost. A process which takes an indefinite number of years and ruins lives and livelihoods. It will be appealed and fought of course but one has to ask at what cost and I am not referring to money! Monday 17th Comment from a colleague “ ……… without a bottomless pit of cash it’s hard to win.” Tuesday 18th Deafened by the sound of silence from Norfolk County Council. Wednesday 19th There is now not one…

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Where to start if you are faced with the claim of a Public Right of Way over your land or through your property.

Where to start if you are faced with the claim of a Public Right of Way over your land or through your property.

Contact http://www.myrow.co.uk and Intrusive Footpaths http://www.intrusivefootpaths.org.uk/help.html# Research. Find out everything about your ‘path’ and it’s history. Request copies of the Provisional, draft and final Definitive Map from your County Council. Pay reasonable fees for copies. Request copies of evidence (from your County Council) submitted with any modification order. Look at old maps. Many are available on https://maps.nls.uk/ Purchase The Blue Book. Available from Open Spaces Society,  Henley – on Thames. Look at the Planning Inspectorate website.You will find advice on procedures and…

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Have all you landowners completed a Statement under Section 31(6) Highways Act 1980 against dedication of a Public Right of Way on your land ?If not, you are AT RISK….of a claim based on Use for 20 years which has been exercised without challenge or interruption by the landowner…

Have all you landowners completed a Statement under Section 31(6) Highways Act 1980 against dedication of a Public Right of Way on your land ?If not, you are AT RISK….of a claim based on Use for 20 years which has been exercised without challenge or interruption by the landowner…

If you think that there is any possibility of your land being claimed either now or in the future as any kind of Public Right of Way then ACT NOW. Put up signs to make it quite clear that there is a ’lack of intention to dedicate’ The notice must be VISIBLE, LEGIBLE, OBVIOUS and clearly relate to the land it seeks to protect. If you do not do this you will be deemed to have ‘dedicated’ your land! A…

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My Letters to Baroness Bakewell concerning the cut-off date to claim historic rights of way – House of Lords 2nd April 2019.

My Letters to Baroness Bakewell concerning the cut-off date to claim historic rights of way – House of Lords 2nd April 2019.

Dear Baroness Bakewell,I attended the Lords debate 2nd April 2019. (Appeal for extension of the cut off date for ancient historic rights of Way)I was wholly disappointed that those in a position, such as myself, were totally unrepresented at that gathering. It seems that ‘sympathy’ to volunteer ‘claimers’ of purportedly ‘lost’ rights of way is unanimously extended, whilst scant recognition is even acknowledged for those who are innocently blighted, out of the blue, with historic and ancient claims, having no…

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Section 53 (5) of the WCA allows anyone to submit an Application to the “Surveying Authority” for a Definitive Map Modification Order

Section 53 (5) of the WCA allows anyone to submit an Application to the “Surveying Authority” for a Definitive Map Modification Order

 The Surveying Authority is under a legal duty to keep its Definitive Map under “continuous review”.    [This replaced the duty in the 1949 Act to review the map every 5 years.] 2.    Schedule 14 of the WIldlife and Countryside Act lays down certain legal requirements of the Surveying Authority . 3.    From the WCA Schedule 14 requirements it is unequivocal that an Application must be decided by the Surveying Authority “within 12 months”….  and not “as soon as is practicable.”  Or…

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ANN’S MYROW DIARY W/C 2nd June

ANN’S MYROW DIARY W/C 2nd June

Monday 2nd Well I certainly have some interesting reading this week! All the ‘evidence’ on which the council intend to base their claim of a Byway Open to All Traffic through my garden. Tuesday 3rd A lot of photocopying! Five A4 files of it to be exact! Wednesday 4th There appears to be only one ‘sticking point’ with whether or not the council should quash their own order for a BOAT through my garden. WAS POCKTHORPE LANE ON THE LIST…

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ANN’S MYROW DIARY W/C 26th MAY

ANN’S MYROW DIARY W/C 26th MAY

Sunday 26th Trying to understand just why NCC are still getting it wrong. To explain. They cannot make an order if a route is…… 1.NOT on the definitive map AND 2. NOT on the List of Streets in 2006. I say that applies to my route. They say it doesn’t. Think of my Lane as part one and part two. Part one, the Lane, ends at End Cottage. Part two is the non existing ( and has never existed) part…

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REVIEW OF EXERCISE OF POWERS AND DUTIES IN RELATION TO ACCESS LAND BY COUNTRYSIDE BODIES 7th Nov 2000

REVIEW OF EXERCISE OF POWERS AND DUTIES IN RELATION TO ACCESS LAND BY COUNTRYSIDE BODIES 7th Nov 2000

It is a sobering thought that very little has changed in nearly 20years. The following is part of Lord Rothericks’ speech on November 7th 2000. “The amendments to Schedule 15 to the 1981 Act made by Amendment No. 161 reflect the fact that……… ….. the function of the Secretary of State is confined to resolving appeals on the accuracy of the recording by the public authority, not ruling on the correctness of a decision on whether a right of way…

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