Tricky footpath situation

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Tricky footpath situation
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dougal

Joined: 15 Jan 2005
Posts: 7184
Location: South Kent

Posted: Tue Mar 28, 06 1:31 pm Post subject:

Tahir

1 - take legal advice
2 - obtain proper (admissible) evidence for the previous locking of the gate. This may mean sworn statements, etc. (And that could be *plural* statementS.)
3 - you can pretend to the councillor that you understood him to say that he had gone that way "30 years ago" (not continuously for "the last 30 years") which is good for you to know, but sadly you intend to return the route to the closed status it has had for the period your evidence covers... that way you aren't accusing him of a lie, and you are providing him with a get-out. If he's smart he'll recognise those things. Of course you might prefer to try to get him to put his lie down in writing... I'm not suggesting that you might ever consider blackmailing a member of the local council, merely that you might find it helpful if he put it in writing...
4 - you might also extend specific permission (importantly for a defined period of time) to him and his immediate family (but emphatically not the general public) to use that route, if and when they should see that the gate had been opened by you (and not if the gate or lock should be broken or damaged). In that way, with permission (technically a "permissive license"), *he* shouldn't be able to build any "gained by long use" rights of passage. Let alone on behalf of the public.

But proper legal advice should be the priority.

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 1:39 pm Post subject:
Thanks for that Dougal, will talk to a lawyer but not too easy finding one with ROW knowledge.

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 1:42 pm Post subject:
I think what I'll do is to put the padlock back on and see if the lock is removed or I'm contacted by anyone. That'll ascertain whether anybody will be looking to gain rights of access won't it?

bernie-woman

Joined: 28 Oct 2004
Posts: 7824
Location: shropshire

Posted: Tue Mar 28, 06 1:48 pm Post subject:

tahir wrote:

The only thing is that we'll have made an enemy of a local councillor...

It is worth remembering that he is only one of many which should be on your local council - Is he a parish or district or borough councillor - if he is a parish councillor they have very little power that they can beat you with, a district/borough councillor on the other hand could have an influence on any planning apps coming up

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 1:53 pm Post subject:
He's on the county council

bernie-woman

Joined: 28 Oct 2004
Posts: 7824
Location: shropshire

Posted: Tue Mar 28, 06 2:09 pm Post subject:

[quote="tahir"]He's on the county council[/quote

I would tread slightly carefully then especially if you want anything from like planning permission (if they are responsible for it) - not sure what it is like round by you but shropshire county council deals with education, roads etc whereby district or borough council deal with planning so you may be ok - we never see our county councillors at all but I know how petty they can be at all levels

None of this detracts from the fact he is a lying b*****d and you owe him nothing

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 2:12 pm Post subject:
He's prominent on the Parish council too, apparently he's an agitator for local people to be more aware of planning appliactions and the issues that surround them

dougal

Joined: 15 Jan 2005
Posts: 7184
Location: South Kent

Posted: Tue Mar 28, 06 2:20 pm Post subject:

dougal wrote:

... use that route, if and when they should see that the gate had been opened by you (and not if the gate or lock should be broken or damaged). ...

Just thinking about this, you should rather give him permission at *anytime* his way is not physically barred.
That way, he has no *long-term* incentive to damage the gate. He cannot access the route *without* permission, without admitting to criminal damage, so *he* cannot build any more rights. Either for himself, or the general public.

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 2:22 pm Post subject:

dougal wrote:

... use that route, if and when they should see that the gate had been opened by you (and not if the gate or lock should be broken or damaged). ...

I've found someone who says they can help (legally) I'll raise this with him, thanks.

bernie-woman

Joined: 28 Oct 2004
Posts: 7824
Location: shropshire

Posted: Tue Mar 28, 06 2:37 pm Post subject:

tahir wrote:

He's prominent on the Parish council too, apparently he's an agitator for local people to be more aware of planning appliactions and the issues that surround them

Oh...

- glad you have got some legal help with this - better to be preapred for any battle - however, the previous owners are good witnesses to the fact that the gate has always been locked

Good luck

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 2:42 pm Post subject:
He told me to go and view the definitive plan of rights of way, just rang them, they're on strike

Treacodactyl
Downsizer Moderator

Joined: 28 Oct 2004
Posts: 25795
Location: Jumping on the bandwagon of opportunism

Posted: Tue Mar 28, 06 2:44 pm Post subject:

tahir wrote:

they're on strike

...don't get me started...

bernie-woman

Joined: 28 Oct 2004
Posts: 7824
Location: shropshire

Posted: Tue Mar 28, 06 2:47 pm Post subject:

Treacodactyl wrote:

tahir wrote:

they're on strike

...don't get me started...

me neither

sean
Downsizer Moderator

Joined: 28 Oct 2004
Posts: 42207
Location: North Devon

Posted: Tue Mar 28, 06 2:55 pm Post subject:
Mandy's school is closed to pupils today.

tahir

Joined: 28 Oct 2004
Posts: 45420
Location: Essex

Posted: Tue Mar 28, 06 2:56 pm Post subject:

sean wrote:

Mandy's school is closed to pupils today.

Why? The footpaths people are striking over pensions

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