Right of way

[mcg]

Looking to lock things down before some rambler etc claims rights of way over my land.
What is the best way to proceed without causing further issue etc?
Affixing signs, fence etc too much of a harsh/highlighting approach?

[wales01man]

Re: Right of way

IS there a public right of way across the land on your deeds?

[seduraed]

Re: Right of way

It's also worth looking on the local OS map. Is this open land.? If it's mountain or moorland than right to roam applies.

[des8]

Re: Right of way

The definitive rights of way map will be held by planning dept of local authority.

[mcg]

Re: Right of way

No ROW on deeds and council class as amenity land.

I have a covenant on the land with previous owner stating to be used for a private garden only for my house.

People cut across it daily.

[des8]

Re: Right of way

Well fence it off, with landmines if necessary!!!!!!

"Amenity land" tag only means that you won't get planning permission on it.
The council have zoned it to remain unbuilt to preserve the local amenity.
It has not become public property, and people have no right of way across it.
If you don't fancy fencing it (or the council won't allow a fence) try a spiny plant such as berberis!

[wales01man]

Re: Right of way

Well fence it off, with landmines if necessary!!!!!!

"Amenity land" tag only means that you won't get planning permission on it.
The council have zoned it to remain unbuilt to preserve the local amenity.
It has not become public property, and people have no right of way across it.
If you don't fancy fencing it (or the council won't allow a fence) try a spiny plant such as berberis!

Must make sure I don't stray into your garden DES

[mcg]

Re: Right of way

As facing a highway would i get away with 1m fence as usually no need for planning permission?

Was thinking stock fencing (horse netting) as still will appear open and not cause drivers any issue.

As will be closing off a make shift footpath if i also plant hedging if is removed or cut by a member of the public; do i have any recourse?

[mcg]

Re: Right of way

Also to avoid change of use to a garden; if I install a gate in my rear fence to enter the adjoining land so not removing my rear fence would this suffice?

[seduraed]

Re: Right of way

How long has the path Ben there. It is possible that a tight of way has been established by right of custom.

[mcg]

Re: Right of way

Been accessed for years but i thought this would have to be to be proved; private land signage and bollards been insitu for a while too.

[Kati]

Re: Right of way

http://www.ramblers.org.uk/advice/im...ht-of-way.aspx

A right of way can be claimed on the basis of user evidence (i.e. that the public has established a right of way by using a defined route over a period of time), or documentary evidence (i.e. based on historical documents such as Enclosure Awards or other old maps), or a combination of the two.

Claiming a right of way using user evidence

In order to make a claim for a right of way based on public use, the law (section 31 of the Highways Act 1980) requires that you’re able to show all of the following:

• A period of at least 20 years’ uninterrupted use by the public. This is counted backwards either from the date when the public’s right to use the way was called into question (for example, when somebody locked a gate across the path) or, if the public's right to use the path hasn’t been called into question, from the date of your DMMO application.
• Use must be 'as of right', which means without secrecy, force, or the express permission of the landowner. But there's no need for the public to have believed it was a right of way they were using, or for the landowner to be aware that public use was taking place, provided he could be aware of it if he chose to look, i.e. not by stealth.
• Use must be by the public at large, not just certain tenants or employees of an estate.
• Use must follow a linear route.

In some circumstances it may be possible to establish a right of way on the basis of use by the public over a period less than 20 years under common law.

[MENTION=29062]mcg[/MENTION] ... do you have any pics you can post up (or a google maps link)? I think the Beagles would be able to offer advice more if they had an idea of what/where the land was xx

[des8]

Re: Right of way

Your easiest course of action is to have a chat with the council planning officer about this plot of land, to find exactly what its status is and what you might be able to do with it.

You can put as many gates as you wish in your fence, but whether you could then go through them is a different matter. On to "your" amenity land no problem, but through your neighbour's garden probably not