Kicked off of common land

[des8]

Re: Kicked off of common land

Well I guess that is that then it is unlawfull for me to do it

If the bridleway had been closed temporarily for shooting then a closure is needed from the local council and should be available at the site of the closure.
Sorry I dont know what you mean by where I can find this information out


http://www.gleam-uk.org/guidance/enf...nerc-act-2006/
Reading that link would imply that it is a criminal offence to drive my motor on a bridleway
But I am sure I read a .gov link before that if you are driving a motor vehicle on common land then it is classed as trespassing, making it a civil matter

But if we look at it in a different angle
We are talking about a road, that road may of been there for 2000 years but it was always a road and still is a road
When they build a motorway though a farmers field the farmer then dose not own the land on the motorway he ownes the land ever side
Same as Lord Lowther, he dose not own the bridleway he owns the common land on ever side
As long as I don't step onto his land it is non of his business what I do on that road and he has no right to see me off
as I am not roaming on his common land I am on the road.
He is well within his rights to report me to the police or council for using the road unlawfully (driving a motor vehicle on it)
But he has no right to tell me it is private land and to ask me to leave, it is not his land!
Do you thing I am correct or not?

Nope! I think your interpretation is incorrect.
Lord L. owns the land.
There is a bridleway across that land.
That bridleway allows certain classes of persons (horse riders, walkers etc) to cross that land, which belongs to Lord L.
If other people (eg people in cars) try to cross his land he is perfectly entitled to expel them and sue them for trespass if damage has been caused

crossed with Paws XX

[PAWS]

Re: Kicked off of common land

You can cross with me any day Des!:tinysmile_twink_t2:

[seduraed]

Re: Kicked off of common land

Well I guess that is that then it is unlawfull for me to do it

If the bridleway had been closed temporarily for shooting then a closure is needed from the local council and should be available at the site of the closure.
Sorry I dont know what you mean by where I can find this information out


http://www.gleam-uk.org/guidance/enf...nerc-act-2006/
Reading that link would imply that it is a criminal offence to drive my motor on a bridleway
But I am sure I read a .gov link before that if you are driving a motor vehicle on common land then it is classed as trespassing, making it a civil matter

But if we look at it in a different angle
We are talking about a road, that road may of been there for 2000 years but it was always a road and still is a road
When they build a motorway though a farmers field the farmer then dose not own the land on the motorway he ownes the land ever side
Same as Lord Lowther, he dose not own the bridleway he owns the common land on ever side
As long as I don't step onto his land it is non of his business what I do on that road and he has no right to see me off
as I am not roaming on his common land I am on the road.
He is well within his rights to report me to the police or council for using the road unlawfully (driving a motor vehicle on it)
But he has no right to tell me it is private land and to ask me to leave, it is not his land!
Do you thing I am correct or not?

A landowner owns the land over which rights of way pass and is responsiblefor their maintenance.

[judgemental24]

Re: Kicked off of common land

Not looking for an argument but i think the OP has a selfish outlook on this for his own enjoyment, at the expense of others

The countryside is there for the enjoyment of all and an escape from modern life, which includes motor vehicles

People want to hear a bird singing, not the revving of a car exhaust

[nemesis45]

Re: Kicked off of common land

Not looking for an argument but i think the OP has a selfish outlook on this for his own enjoyment, at the expense of others

The countryside is there for the enjoyment of all and an escape from modern life, which includes motor vehicles

People want to hear a bird singing, not the revving of a car exhaust

I have to agree the "common " is most probably part of the landowners estate and he has responsibility for maintaining the paths and bridleways.

In most areas such " bridleways " and paths are subject to local Byelaws which prohibit moter vehicles and motor cycles from using them at all times.
It is a think quite simple the OP has no right whatsoever to attempt taking a car on to this land.

Living in a rural area myself in close proximity to a very large " country park" I see the notices referring to who, what, when, and how this area can be accessed ( it is not obligatory to display such notices) many of the bridle paths have just a sign " public bridle way" and it is taken as known that cars and motor cycles are prohibited.

Simple answer to the OP forget it!!

nem

nem

[FlamingParrot]

Re: Kicked off of common land

I am probably about to upset a few people but ‘here goes’.
Common land and public rights of way should be available but any straying from the regular use has to be nipped in the bud. The roadway or lane is there for access for the person who ‘works’ the land and the fact that it is also a bridleway, right of way or common path should not mean anyone can use it for any purpose.

I completely agree, and I've always been rather fond of walking in the country so I'm well acquainted with footpaths, bridleways, etc. which can cross all sorts of land. In some areas, the land is all common land and people can have picnics in the surrounding land and the kids can use it as a playground without bothering anyone.
Footpaths also cross right through ploughed fields and crops, particularly around here where rural areas are mostly agricultural land as opposed to wilderness. Some footpaths cross people's gardens, in some cases right next to their houses. Some are very narrow and tightly fenced in on both sides. It is understood that their purpose is to allow people to walk from A to B rather than to use the surrounding land for their amusement, you are supposed to keep to the path except in designated areas.

Public rights of way are specifically identified as footpaths where you are only allowed on foot and are not for cyclists or horse riders, bridleways which allow bikes and horses and byways open to all traffic which are the only ones where motor vehicles are allowed.

Nope! I think your interpretation is incorrect.
Lord L. owns the land.
There is a bridleway across that land.
That bridleway allows certain classes of persons (horse riders, walkers etc) to cross that land, which belongs to Lord L.
If other people (eg people in cars) try to cross his land he is perfectly entitled to expel them and sue them for trespass if damage has been caused

crossed with Paws XX

Yes, it's always been very clear and I'd have thought everyone would know what footpaths and bridleways are for in rural areas, just like we all know pavements are for pedestrians rather than motorbikes in urban areas (unless you are in Bangkok!)

[MissFM]

Re: Kicked off of common land

Agreeing with all the above replies :tinysmile_kiss_t4:

Out of interest, I think there's an additional misunderstanding here over the terms "commoner" & "common" in this context.

I said its common land and I have the right to Roam hear, he said you are not a commoner a commoner is an estates owner.

"Commoners" here refers to people with grazing rights over the land and certain other legal rights and responsibilities - so that although the land may be owned by the Lowther Estates the commoners will be part of the ancient system of conservation and husbandry - stewardship - of the area.

See here for further elucidation: http://www.cumbriacommoners.org.uk/

The fact that someone makes a hardcore track on their own private land for their own purposes doesn't give anyone the right to use it with a motor vehicle just because they can.

[Batista230]

Re: Kicked off of common land

The same can be said for a bridleway across a farmers field. The farmer will do the upkeep of the bridleway at his own expense
The countryside is to be respected, if people wish to go off road then they should go to dedicated sites
Not having a pop at off road users but if i was walking my dog across a bridleway etc, i would not wish to be met by a 4x4.
You also have to respect the wildlife and farm animals
I dont think I was doing any harm to anyone or any damage to the land
I was driving my 2 wheel drive car over the road which is all stones and hard core
And for me to drive my car on it is just about at its limits (plodering away in first gear)
I was not using it as a motor track

If you allow this one vehicle then there is a very strong possibility you will wind up with hordes of people driving all around the place and totally destroying the area
The road is a dead end. There is no logic to anyone ells wishing to drive on it to use as a road from A-B

Many of us know of once beautiful common land that has been ruined by people turning it into a playground or camp site
where was this?

Nope! I think your interpretation is incorrect.
Lord L. owns the land.
There is a bridleway across that land.
That bridleway allows certain classes of persons (horse riders, walkers etc) to cross that land, which belongs to Lord L.
If other people (eg people in cars) try to cross his land he is perfectly entitled to expel them and sue them for trespass if damage has been caused
So why is there an above link saying it is a police matter
Do you have a web page link to this please

[des8]

Re: Kicked off of common land

You just don't get it, do you?
Road Traffic Act 1988 as amended (RTA) makes it an offence to drive off-road.
Countryside and Rights of Way Act 2000 (CROWA) introduced Restricted Byways (RBs) which replaced Roads Used as Public Paths (RUPPs) in 2006. RTA was amended where relevant.
Police Reform Act 2002 as amended (PRA) introduced informal measures to curtail illegal driving.
Natural Environment and Rural Communities Act 2006 (NERCA) made sweeping changes to the acquisition of rights and the effect of RTA. It commenced on 2 May 2006 (16 Nov 2006 in Wales).

And as it is on private land you could be sued for trespass
You were lucky they didn't put you in jail and throw the key away

[MissFM]

Re: Kicked off of common land

Most of this upset can be avoided by politely asking the Landowner's permission in advance - it's quite often granted, or the reason why not given with equal good manners and grace.

Although of course the owner doesn't have to have a reason.