Enclosure Acts were limited to the parish and therefore the parishioners who needed to use them to reach allotments of land defined in the Act.
What has been ignored is the “customary” way – and that it is a “favour” in a limited section of the public, such as the parishioners, a “favour” is a privilege which can be relinquished simply by non-use….. being a “privilege” allowed to those who have a special relationship with the landowner [such as a Tenant,employee, tradesman, Doctor etc etc.]
IT DOES NOT NEED A SPECIFIC LEGAL PROCEDURE
There are far too many myths, presumptions and suggestions – therefore these matters should be dealt with by a Court or Tribunal [Section 31(1) HA 1980 ] chaired by a barrister of not less than seven years’ standing in the complicated matter of highway law.…… And ……
NOT determined by an Inspector of the Planning Inspectorate appointed by the Secretary of State – who – being the Policymaker] is therefore Judge and Jury in own Court.
Contributed by M. Masters ( Public Rights of Way Advisor)