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Public Right of Way blocked.

Issues arising from our actions on the roads - including Transport.

Re: Public Right of Way blocked.

Postby theycantdothat » Sun Jun 05, 2016 7:55 am

Hairyloon wrote:
dls wrote:A public right of way is not so vested.

Then how so is it vested?


"Vested" is not the right word here. It more or less implies absolute ownership.
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Re: Public Right of Way blocked.

Postby Hairyloon » Sun Jun 05, 2016 11:20 am

theycantdothat wrote:"Vested" is not the right word here. It more or less implies absolute ownership.

I can accept that "vested" is not the right word, but not for the reasons given: the right is owned by the public. The public may be an abstract entity, but it cannot be said to not exist.
And what word would be the right one?
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Re: Public Right of Way blocked.

Postby atticus » Sun Jun 05, 2016 12:12 pm

I do not think that "owned" is the correct term to be using.
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Re: Public Right of Way blocked.

Postby Hairyloon » Sun Jun 05, 2016 12:23 pm

atticus wrote:I do not think that "owned" is the correct term to be using.

Yes, but it is the term used by tcdt...
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Re: Public Right of Way blocked.

Postby atticus » Sun Jun 05, 2016 3:05 pm

You and I are clearly reading his words differently.
theycantdothat wrote:"Vested" is not the right word here. It more or less implies absolute ownership.
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Re: Public Right of Way blocked.

Postby Hairyloon » Sun Jun 05, 2016 3:54 pm

atticus wrote:You and I are clearly reading his words differently.
theycantdothat wrote:"Vested" is not the right word here. It more or less implies absolute ownership.

Quite possibly. I read his words to mean that "vested" implies ownership: the body in which the right is vested "owns" that right.
I agree that "owns" is not the right word, but maybe for a change you might like to try saying something helpful, rather than endlessly arguing semantics.
There is surely no doubt that the public have the right to pass along a public right of way. What word is it that you want to use to denote possession* of that right?

{*wrong word again?}
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Re: Public Right of Way blocked.

Postby atticus » Mon Jun 06, 2016 8:59 am

As far as I can make out, the Highways Act 1980 gives local authorities responsibility for 'looking after' public rights of way.

The procedure if you find hat a footpath is obstructed is in section 130A.
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Re: Public Right of Way blocked.

Postby Hairyloon » Mon Jun 06, 2016 9:40 am

atticus wrote:As far as I can make out, the Highways Act 1980 gives local authorities responsibility for 'looking after' public rights of way.

The procedure if you find hat a footpath is obstructed is in section 130A.

Thank you.
That section defines a "highway" as:
A highway is within this subsection if it is—
(a)a footpath, bridleway, or restricted byway, or
(b)a way shown in a definitive map and statement as a restricted byway or a byway open to all traffic.

But I am not easily finding how a footpath or the rest is defined. I've not looked exhaustively as I have to go out now...
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Re: Public Right of Way blocked.

Postby atticus » Mon Jun 06, 2016 11:29 am

The definitions section is s329.
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Re: Public Right of Way blocked.

Postby Hairyloon » Mon Jun 06, 2016 5:24 pm

atticus wrote:The definitions section is s329.

Thank you.
“footpath” means a highway over which the public have a right of way on foot only, not being a footway;

“footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;


Is a bit circular: a highway is a footpath (or...) and a footpath is a highway. :?
But I think it is clear enough.
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