Right of Way: path 156 15 20

Tue 9 Jul 2019, 05:49

I suggest you all might like to listen to today's (Tuesday) "Farming Today" (Radio 4).

https://www.bbc.co.uk/programmes/b006qj8q

Important information about "Lost Rights of Way.

Mon 8 Jul 2019, 14:17

Thanks Jon!

Mon 8 Jul 2019, 12:00 (last edited on Mon 8 Jul 2019, 12:09)

Hannen, you can also see OS maps for free at https://www.bing.com/maps

Tap on Road and select Ordnance Survey, move the map so where you want to see is in the middle, then use the + button to zoom in. You can see the 1:50000 and 1:25000 maps for the whole country for free, including all rights of way, but they don't give the numbers of the paths.

If you want a copy, take a screen shot.

Sun 7 Jul 2019, 21:13

Vicky Burton this is great news! Thank you x

Thu 4 Jul 2019, 17:30 (last edited on Fri 5 Jul 2019, 09:15)

Good news! I have just picked up a message from the County Council Countryside Department which stated that following their visit to the path this week, they have contacted the owner, who has agreed to widen the pathway. Thank you fellow citizens of Charlbury for adding your support; I just wish the suffering of an innocent animal wasn't the impetus to positive change. 

Thu 4 Jul 2019, 09:00

Thank you Alan.

Wed 3 Jul 2019, 20:42

Hannen, try here: https://www2.oxfordshire.gov.uk/cms/sites/default/files/folders/documents/environmentandplanning/countryside/definitivemap/defmapPDFs/SP31NE.pdf

Wed 3 Jul 2019, 20:09

I apologise ‘electrocution’ was maybe a bit over dramatic but those whose dogs have been affected might beg to differ. What I was attempting to say is that it seems to me that a compromise is needed & some how a dialogue opened with the land owner. As for the path not being used with or without my dog, I will be using it! 

Wed 3 Jul 2019, 19:04

Can someone tell me where I can find this footpath on a map please?  Ashamed to admit that I've lost my OS map and the internet search doesn't help.  

Thanks!

Wed 3 Jul 2019, 18:54

Perhaps we need a (Charlbury) Kinder Scout movement? https://www.nationaltrust.org.uk/kinder-edale-and-the-dark-peak/trails/kinder-scout-mass-trespass-walk

Although, to be fair to the landowner, I'm not convinced that he/she is doing anything illegal.

When I was younger and fitter I walked the South Downs Way, Kinder Scout, Brecon Beacons, and Offa's Dyke, without let or hindrance.  Then about 10 years ago I attempted the Heart of England.  The last was very difficult.  Stiles bricked over, even barbed wire on one.  Came across a large field where the landowner had planted crops all over the footpath.  Not wanting to trample the crops I and my friend decided to trespass and walk around the edge of the (fairly large) field.  Up comes an old Land Rover with ruddy faced Farmer driving with shotgun across his lap.  Scary!  We showed him the paper OS map and he said it was wrong.  Mind you he let us complete our circumnavigation which added a mile or two to our walk.  Watching us all the time.  Not nice. 

However, I think most landowners are reasonable.  Perhaps dialogue is the solution?

Wed 3 Jul 2019, 18:38

Thank you John.  Love it!

Wed 3 Jul 2019, 17:52

Hannen's opening question is answered here.

Wed 3 Jul 2019, 13:58

Deborah, I sympathise, but "electrocution" means killing someone by using electricity.  Is this what is happening here?

Charlie M, as I have said on this Forum many times a public footpath is a Queen's Highway, so the right to use it cannot be extinguished by lack of use.

See: In the case of Benn v Hardinge (1992) 60 P&CR 246 the Court of Appeal said that the failure to use the right for 175 years was not enough on its own to indicate an intention to abandon. And:

Legally, a public right of way is part of the Queen's highway and subject to the same protection in law as all other highways, including trunk roads.

A good place to start is with the Ramblers' Association: https://www.ramblers.org.uk/advice/rights-of-way-law-in-england-and-wales/basics-of-rights-of-way-law.aspx

Wed 3 Jul 2019, 12:57

When I was in my youth, there was an old guy in our village who was born and bred in that part of North Hampshire who would spend a lot of time walking on old rights-of-way, and I am sure I remember him saying that if a landowner could prove that a right-of-way had not been used for a year and a day, they had the right to fence it off, plough it over, or whatever. This his way of ensuring that such a thing could not happen.

I had a quick search on the internet for evidence of this, without success, but I am sure that there are those on this forum who will have far greater legal expertise than I!

If this is still the law, perhaps it would explain a thing or two about what is alleged to have been going on. 

Anyone?!

Wed 3 Jul 2019, 10:52

I get that this is part of someone’s property but surely they must understand that for a long while there has been a designated right of way through it. The previous owners did not appear to have any issue, nor take umbrage with those wishing to use it. Obviously this person has livestock that now uses the small amount of land around it but, there has to be a compromise, more especially when they are the new comers. It would appear that all they are succeeding in doing is getting a lot of people’s back’s up by their inflexible, & it would appear downright thoughtless behaviour. Yes, we all understand it is your property but you surely understand that long before you appeared on the scene, many enjoyed the access this route gave to the beautiful centenary wood & many would like to continue doing so without fear of electrocution to either animal or child. 

Mon 1 Jul 2019, 17:55

I walked this path a few weeks ago with my partner & children and there was a sprinkler watering nothing but the path! Three of us made it through in time, one got soaked.

It was very obvious to us we were unwanted walkers.

Its a shame as my children like that walk & stopping at the pond for a look on the way past.... but we will continue to use it as we have a right to do so.

Mon 1 Jul 2019, 13:05

I have said it before, and I will say it again; local landowners seem to hate having people walking on their land, whether they do damage or not.  They have to keep footpaths open by law but they make the paths as unfriendly as they can.  If that means people stop using them, then they have won!  Keep up the battle, maybe one day things will improve.

Thu 27 Jun 2019, 16:51

Kinda spoils the whole nature reserve access and sucks the joy out of encouraging the next generation into enjoying the environment!

Thu 27 Jun 2019, 16:50

Actually maybe the next time an OCCo walks it they would like to borrow my two dogs and my grandson and walk the walk then they can come back and say that the fence is perfectly safe and permittable?

Thu 27 Jun 2019, 16:47

I had this debate last year after a precarious walk with my grandson and dogs and I too believe that this is exactly what the landowner is trying and sadly is achieving that people no longer use that path! I however got linched for suggesting that!

Thu 27 Jun 2019, 16:17

Unfortunately, a number of people in Charlbury no longer use this path as it is difficult to navigate especially when walking with children or dogs.   A sad reflection in a designated "Walkers Are Welcome" area.  

Thu 27 Jun 2019, 14:27 (last edited on Thu 27 Jun 2019, 14:36)

I have visited this footpath with the OCC footpath's officer and she has said that the owner is not contravening any rules, and that although it is incoveneniet for those of us with dogs (I never use this path any more) the path meets the standard as far as width is concerned.

Wed 26 Jun 2019, 21:04

Richard Tebbutt: You appear to find humour in my dog's suffering. How depraved.

Wed 26 Jun 2019, 19:39

Or just take your dog elsewhere or buy them a stock fence. If your dog is refusing to go that way, ask it for some different routes? 

Wed 26 Jun 2019, 16:51

Last time I used that path a few week's ago, the sheep were happily walking along the footpath.

The electric ribbon fence was high enough to allow sheep to comfortably pass under it. So, I'm not sure that it's intended to keep them in.

And yes, the narrowness of the allowed footpath felt like a purposeful deterrent. In a similar passive aggressive way to the private  property warning signs, on a public right of way on the route to Spelsbury, that have photo of a large dog with text saying it is energetic, bouncy and curious.

Wed 26 Jun 2019, 11:43

My dog received an electric shock to her tail whilst walking on a short lead along the public footpath to the rear of Blenheim Farm off of The Slade. She has refused to go on a walk since, in Charlbury. I have added my voice to the complaints made back in October on the County Council website.  This walk way is simply too narrow. Protect your sheep; absolutely how about a stock fence? Obviously meant to deter access.