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Public Right of Way blocked.

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Re: Public Right of Way blocked.

Postby atticus » Mon Jun 06, 2016 5:46 pm

The definition of highway may answer your conundrum
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Re: Public Right of Way blocked.

Postby Hairyloon » Mon Jun 06, 2016 6:50 pm

Meaning of “highway”.

(1)In this Act, except where the context otherwise requires, “highway” means the whole or a part of a highway other than a ferry or waterway.

(2)Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purposes of this Act to be a part of the highway.

(3)In this Act, “highway maintainable at the public expense” and any other expression defined by reference to a highway is to be construed in accordance with the foregoing provisions of this section.

:?
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Re: Public Right of Way blocked.

Postby Hairyloon » Tue Jun 07, 2016 7:39 am

diy wrote:You should complain to your local highways authority, which is the county council or unitary authority where you live...

They say:
the route is not recorded as a public right of way on the Definitive Map.

Which is not the same as saying that it is not a right of way, only that it is not one that is marked on the map, and the Highways Act says "a footpath... or a way shown in a definitive map..." so it appears that the council is obliged to act, or at least they will be if someone serves notice pursuant to S130A.
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Re: Public Right of Way blocked.

Postby atticus » Tue Jun 07, 2016 8:32 am

Are you intending to give that notice?
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Re: Public Right of Way blocked.

Postby shootist » Tue Jun 07, 2016 8:39 am

FWIW, I believe that some of the more militant ramblers groups will carry wire cutters to deal with any obstruction of that nature placed over a footpath. They have seemed quite up front about it too. It's many years since I last took an interest in such things but I thought I would pass it on.

Also. the right of way may well be vested, owned, or whatever, by the public at large, but the obstruction, however unlawful would be, I assume, owned by the person who placed it there. It would be an interesting situation if a rambler damaged the obstruction in order to walk the right of way as a prosecution could only be brought if the person who's property was damaged admitted placing it there, which would be admitting blocking the right of way, an offence I believe.
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Re: Public Right of Way blocked.

Postby Hairyloon » Tue Jun 07, 2016 8:47 am

atticus wrote:Are you intending to give that notice?

I am recommending to the person upset by the obstruction that they do, but I may well do it myself.
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