Author Topic: Rights of Way website  (Read 536 times)

Offline jimmo62

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Rights of Way website
« on: February 11, 2020, 08:30:45 am »
The Ramblers have just taken a new site live to try to find missing rights of way - it's crashed due to the number of users at the moment but will hopefully be back up soon! It's easy to use and quite a fun way to spend a bit of spare time - and could help keep some old rights of way open.

https://dontloseyourway.ramblers.org.uk

Offline ILT

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Re: Rights of Way website
« Reply #1 on: February 11, 2020, 09:07:02 am »
It's a shame they didn't do this sooner instead of spending so much time extinguishing other type of RoW.

Offline Pitlamp

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Re: Rights of Way website
« Reply #2 on: February 11, 2020, 09:25:13 am »
Well done The Ramblers and thanks to Jimmo for flagging this up.
It's working as at Tuesday morning (11th Feb).

Offline mikem

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Re: Rights of Way website
« Reply #3 on: February 11, 2020, 09:33:20 am »
The website works, but not the mapping platform. Anyway, there's still a bit of time:
Quote
An estimated 10,000 miles of paths across England and Wales could be lost forever if they’re not added to the definitive map by 2026.

Offline Bob Mehew

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Re: Rights of Way website
« Reply #4 on: February 11, 2020, 10:35:49 am »
I noticed a press article about this which prompted the thought as to whether access to caves not on CRoW land was assured.  I presume that Access Controlling Bodies will have got it covered, as would caves where one gets permission direct from the land owner.  But what caves with notionally free access but no public right of way?  Is this a piece of work which some arm chair cavers could do - checking for rights of way to cave entrances which have no access agreement in place?

I would also suggest that whilst 2026 may seem along way off, my understanding is that getting a foot path recognised is a very long task taking years.

Offline mikem

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Re: Rights of Way website
« Reply #5 on: February 11, 2020, 11:18:30 am »
Most caves that have access agreements would be taken to have private (permissive) paths. Apparently 20 years of uncontested access would need to be shown for a right of way to be declared (or the landowner's agreement) - some caves might qualify for that, never mind their approaches! Even if a cave is only one metre off the path, it can not be assumed to have a right of way TO it...
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/414670/definitive-map-guide.pdf
« Last Edit: February 11, 2020, 11:29:55 am by mikem »

Offline Bob Mehew

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Re: Rights of Way website
« Reply #6 on: February 11, 2020, 12:22:47 pm »
Apparently 20 years of uncontested access would need to be shown for a right of way to be declared 
My understanding is we would need witness statements, written records and such like to demonstrate "uncontested access".  And plenty of them through out the 20 plus period to show the land owner was aware of people using the path. 

Apparently 20 years of uncontested access would need to be shown for a right of way to be declared (or the landowner's agreement)
The land owner's agreement could well be taken as he was giving you permission, not he was dedicating it as a public right of way.  That is one of the potential defences against making a claim. I see the document you provide a link to, gives a number of other examples of defences.

some caves might qualify for that, never mind their approaches!
Now that is an interesting thought.  Does a public right of way have to be on the surface of the land?  Public road tunnels aside, can any one come up with examples where a public right of way is not on the surface? 

Offline mikem

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Re: Rights of Way website
« Reply #7 on: February 11, 2020, 12:55:40 pm »
Yes, one of the county forums requires a minimum of 6 different supporters before they'll consider a route.

If used with owner's agreement beforehand then it's a permissive path, but an owner can also agree to make it a public right of way, without need for 20 years of evidence.

Some disused railway tunnels are now dedicated footpaths & cycle routes.

 

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