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bridleways and footpaths
 
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bridleways and footpaths
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GOF
08/02/09 19:52
Thanks Parky.....
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Michael S
08/02/09 21:50
 Rookie 3056 forum posts
The Definitive Map... lol.  As Simon said, not quite as definitive as it could be (the woman responsible (on the whole) for the definitive map for our area sits behind me at work, and I overhear lots of very interesting conversations that sometimes make me laugh, sometimes make me cringe, and sometimes make me gape in astonishment!!!)
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GOF
08/02/09 22:00

I cant remember the exact details, but I was on a Rights of Way law course with the NFU in the early 1990s.

The tutor/lecturer explained about the definitive map being started during the 2ndWW and all authorities were given x tears (might have been 10....cant remember) to get them all up to date..........and some still hadnt finished by the time of the course!

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Hugh Westacott
09/02/09 07:04
 Rookie 1155 forum posts 15 photos 12 bookmarks
There are a number of incorrect statements made on this thread. It's worth noting that he terms , 'footpath' (FP), bridleway' (BW) 'byway open to all traffic' (BOAT) and 'restricted byway' (RB) have legal definitions and the generic term to cover them all is 'public right of way' (PRoW or sometimes RoW).

<The definitive map stems from the second world war (you'd have thought they had something better to do, but there we go) and, although called the definitive map can be far from definitive - depending on how up to date the LA keep it!>

There were no Definitive Maps (DMs) of PRoWs until the National Parks & Access to the Countryside Act, 1949 placed a duty on local authorities to compile them. It was inevitably a long and complicated process. However, all county and unitary councils now have DMs which are kept up to date and are available for public inspection. Some can be consulted online by accessing the Rights of Way Department of the appropriate local authority.

<if a path crosses a field which is being prepared for a crop i.e. ploughed, the farmer does not have to reinstate the path till after the crop has been sown, which may take a few days.>

This is not so. The occupier of the land has to reinstate the PRoW whenever the surface is disturbed (e.g. by ploughing, harrowing, drilling etc) within 24 hours unless this is the first disturbance for a particular crop when two weeks grace is allowed. There is also an exception if it is not reasonably convenient to restore the surface within that time (e.g. adverse weather conditions which prevent machinery getting into the field). Failure to comply with this law is a criminal offence.

A PRoW can only be diverted by due legal process. The occupier of the land is under no obligation to waymark the diversion but it is in his own best interests to do so.

<The farmer does have to reinstate the path to a width of three feet....there is a legal time limit, but pragmatically, this can extend a bit sometimes.>

This is not entirely accurate. A footpath has to be reinstated to a width of one metre and a bridleway to two metres or to the legal width if this is mentioned in a statement attached to the Definitive Map.

<Signs/stiles etc, generally, are not the farmers responsibility but belong to the LA.>

Highway authorities have a legal duty to erect signposts wherever a PRoW leaves a road. They may also waymark PRoWs but are not required to do so. Many voluntary organizations such as the Ramblers' Association, walking clubs, amenity groups etc waymark PRoWs but may only do so with the permission of the occupier of the land. The maintenance of stiles and gate is the responsibility of the occupier of the land but the highway authority is required to reimburse 25 per cent of the cost.

<Oh, this is a complete nightmare for all parties....!!!!!!>

This statement is, in my view, hyperbole. There are occasional local difficulties but in my very extensive experience of exploring lowland England on foot, I rarely come across an intractable problem.


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Ashley Steadman
09/02/09 07:46
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One further point on Rights of way matters that I think is worth mentioning is the  Countryside and Rights of Way act 2000.  This is the act that set up the concept of access land and the so called "right to roam".  Another lessor known consequence of the Act was the setting up of Joint Local Access Forums (JLAF's).

The idea of JLAF's is to give the public a voice on countryside issues.  The forums are set up and run by the local Authority responsible for Rights of Way matters and forum members are appointed to represent the interests of people who use the countryside, as well as the landowning community rather than particular organisations.  In England their are over over 80 local access forums for further info go to www.naturalengland.gov.uk

I am a member of the JLAF that covers Staffordshire, Wolverhampton and Stoke-on -Trent  It has 22 members and I got involved by going along to an AGM and was then asked if I would like to put myself forward as a member.  If you have an interest in the Rights of Way network then contact your local council to find out more details.  

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GOF
09/02/09 08:12

Hugh, thanks for the legal detail...it is a while ago since I did this...so was keeping my reply to the pragmatic and how it works "in the field" so to speak.....based on my experience across Cumbria, Lancashire and Cheshire. I

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