diy wrote:The right of way is to pass over the land. It doesn't give you a right to damage property or destroy anything..
?A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse—
(b)if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—
(i)that the property, right or interest was in immediate need of protection; and
(ii)that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.
You should complain to your local highways authority, which is the county council or unitary authority where you live.
If the path is blocked deliberately it’s a criminal offence under Section 137 of the Highways Act 1980.
dls wrote:The case can vary. It is a clear tort to damage somebody else's property.
A public right of way is not a right vested in any particular person.
dls wrote:Does it need to be?
Yes. Read the words
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