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A news article from APRIL 2020? ( updated! Public Enquiry is 7th/8th April 2020!!!!) Watch Out Thompson!

A news article from APRIL 2020? ( updated! Public Enquiry is 7th/8th April 2020!!!!) Watch Out Thompson!

They are protesting against Norfolk County Council and their local Parish Council, who they say, gave them no indication that such a thing could happen. Residents are angry that they were not given the chance to ‘have their say’ or warned of the possibilities during the five years that the Councils were pursuing a claim of BOAT ( Byway Open to All Traffic) as a continuation of Pockthorpe Lane. One resident said that he didn’t know anything about it until…

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The Balance of Justice

The Balance of Justice

Where Public Rights of Way are concerned it is annoying and depressing that Individuals, who of course defend their own right to object to a claim on their private property, are usually the ones to suffer attack from all sides, seen as anti everything and labelled as vexatious trouble makers.  In contrast, those individuals and pressure groups proportedly fighting for people’s rights are respected and given honours. They celebrate ‘victories’ whilst promoting conflict. Why isn’t the plain truth of the…

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DEFRA Consultation on Improvements to the Policy and Legal Framework for Public Rights of Way: A response from CLA

DEFRA Consultation on Improvements to the Policy and Legal Framework for Public Rights of Way: A response from CLA

QUOTE “If nothing else, it is entirely wrong that landowners are forced to expend vast sums of money defending their property against claims of rights of way. A CLA member, whose defence of a right of way claim cost £500,000 after a15 year battle writes: “We have had to sell most of the family farm, which we have owned since 1948 to pay the huge legal fees, whilst members of the public have their claims upheld whilst costing them nothing,…

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A relatively small group of people are being persecuted for an indefinite number of years by being caught up in a system which is not fit for purpose, open to corruption and causing loss of livelihood for farmers.

A relatively small group of people are being persecuted for an indefinite number of years by being caught up in a system which is not fit for purpose, open to corruption and causing loss of livelihood for farmers.

 A farmer with SEVEN bridleways claimed across his land is forced to live with the threat of extinction.  His main fear is that, as there is a backlog of over 330 Applications in Somerset’s Rights of Way section, the matter will not be determined in his lifetime and will be a burden on his son. The Cost of Seven Inquiries will be financially crippling, given that even if he is successful in defeating any of the claims,   none of his Costs are recoverable….

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Everyone wants a slice of your FOOTPATH. Ramblers, BHS, Cyclists, Motorbikes,& 4×4 Off Roaders

Everyone wants a slice of your FOOTPATH. Ramblers, BHS, Cyclists, Motorbikes,& 4×4 Off Roaders

Lately there has been a huge increase in claims by access groups all wanting a ‘bite of the cherry’. Trouble is they have difficulty in agreeing with each other! Ramblers protect the ‘rights’ of walkers, The British Horse Society think that horse riders should take precedence Cyclists demand that they should be catered for, motorbike riders think they are hard done by and 4×4 off-roaders want more Byways Open to All Traffic. They are all focused on claiming FOOTPATHS! Ramblers…

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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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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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