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Re: Definitive Map Modification Order - Inquiry Stage

PostPosted: Thu Mar 16, 2017 11:27 am
by atticus
No. I am suggesting that you do not say you have shedloads of evidence if you are not going to submit that evidence.

It is for you to decide whether to submit that evidence.

Re: Definitive Map Modification Order - Inquiry Stage

PostPosted: Thu Mar 16, 2017 12:11 pm
by dls
Olivia, what relevance does any harassment have to the issues which will be considered?

Re: Definitive Map Modification Order - Inquiry Stage

PostPosted: Thu Mar 16, 2017 9:26 pm
by blig
OK, so at the risk of coming across as really harsh, the statement of case is weak and in need a rethink. Most of it isn't relevant.

we have some evidence statements from neighbors were [the witness claming 20 years use] turned people away claiming it to be a private lane on numerous occasions by at least 3 independent witnesses.


This doesn't contribute anything for or against your case. There can be a public footpath on a private lane.

we have emails from the definitive map officer saying it was as clear as mud why it was marked up


This tends to support the route being a public right of way.

I apologies if the section 130A(6)(a) notice has confused matters again.


This is a distraction of no relevance.

We have photographic evidence the way in question was blocked by scaffolding and in-passable for a period of weeks


This really isn't a long enough period to demonstrate anything - paths can be closed for maintenance.

We are also trying to seek a statement off the previous land owner


This is important and you need something more than a statement that she or he occasionally stopped a few people.

Re: Definitive Map Modification Order - Inquiry Stage

PostPosted: Thu Mar 16, 2017 10:05 pm
by blig
Taking some of the emotional language away:

I own the land and use it for exercising my dogs and parking my car. It is not and has never been a public footpath. The land in question has been closed off for a number of periods over the last twenty years, including shown by my photographs, and so has not become a public footpath through twenty years usage. No complaints have ever been made when the land was closed off. I have owned the land for x years. The land was not used as a public footpath during the time of the previous owner and I have a witness statement from them. They lived here for y years and used the land for gardening.


or whatever, etc, etc ...