Can he block off a road/footpath so that he can claim it?

[Accy cyclist]

A fairly popular rough to drive on, but ok for walkers and mountain bikers road has been blocked off by someone who lives on that road. I was told this the other day by a cyclist who used to bike and walk on the road. I thought about using the road last summer,but i was confronted by a burnt out car and a pile of animal dung so after a few yards i gave it up. Apparently there's a bloke who lives in this big house on the road who wants to stop anyone from using it and then claim it as common ground for himself. So he's put obstacles at both entrances and just in case anyone breaches his road blocks he lets one or two of his many Doberman dogs wander around the area.
Why is this person allowed to act like some medieval squire and can he be stopped?

 

[AndyPeace]

A fairly popular rough to drive on, but ok for walkers and mountain bikers road has been blocked off by someone who lives on that road. I was told this the other day by a cyclist who used to bike and walk on the road. I thought about using the road last summer,but i was confronted by a burnt out car and a pile of animal dung so after a few yards so i gave it up. Apparently there's a bloke who lives in this big house on the road who wants to stop anyone from using it and then claim it as common ground for himself. So he's put obstacles at both entrances and just in case anyone breaches his road blocks he lets one or two of his many Doberman dogs wander around the area.
Why is this person allowed to act like some medieval squire and can he be stopped?

If its a public right of way he isn't allowed to obstruct it. Where is this? can you googlemap it? He sounds like a real ass. On the lighter side, does it have a skull and crossbones staked at each entrance?

 

[Accy cyclist]

Holme Road, Clayton Le Moors, Accrington.

 

[CopperCyclist]

He isn't is the short answer. The police are most likely to act in response to a complaint of a dog dangerously out of control in a public place, as their arses would be on the line if someone got injured after said complaint.

 

[Deleted member 23692]

Check with the local highway authority to see if it's on their list of streets and/or definitive map. If it's not, and If the public can demonstrate they've had use for 20 years up to the point access was brought into question then there is a good chance it can be claimed as as PRoW.

If there is a reasonable evidence of a right of way then the Highway Authority must make a formal order, called a Modification Order, which will, if it is confirmed, add that route to the definitive map as either a public footpath, bridleway etc, depending on the historical evidential usage.

If landowners' object to the Modification Order a public inquiry or hearing is likely to take place at which everyone can be heard. It is however important to understand that the only evidence which can be taken into account is information as to the history of the way and its use.

Good luck

 

[the_mikey]

http://www.streetmap.co.uk/map.srf?X=374310&Y=431738&A=Y&Z=115

It's on the OS map as a green dashed line.

 

[srw]

Public footpath - a right of way for walkers only, not cyclists.

 

[subaqua]

http://www.streetmap.co.uk/map.srf?X=374310&Y=431738&A=Y&Z=115

It's on the OS map as a green dashed line.

doesn't mater one bit if its on gold leaf from the queen. if its not on the definitive map held by Local highways authority it isn't a " right of way" if it is then the person blocking it doeasn't stand a chance

 

[Deleted member 23692]

Excellent - it looks to be a PRoW. Report it to http://www3.lancashire.gov.uk/corporate/atoz/a_to_z/service.asp?u_id=849&tab=4

 

[compo]

Find your local branch of the Ramblers and report it to them as well as the council. Ramblers love blocked footpaths. it gives them a campaign to feed their smug superiority, plus they tend to have the ear of those who really matter in these things.

 

[subaqua]

Find your local branch of the Ramblers and report it to them as well as the council. Ramblers love blocked footpaths. it gives them a campaign to feed their smug superiority, plus they tend to have the ear of those who really matter in these things.

but they do hate cyclists.

 

[byegad]

I had this happen on an unadopted road in front of a house I lived in/owned. As I was selling the house at the time I'm pretty sure I lost two buyers after they saw the fenced off areas which 'just happened' to block the road.

After appeals to the two neighbours who did it, strangely they were related. I wrote to the council asking why they were doing nothing about removing the obstruction, and threatening to take them, the council, to court. They'll have got the letter on a Tuesday and the next weekend said neighbours were out removing the fencing.

Being a bit of a swine I sat on the front step for three hours watching them! And laughing out loud every few minutes.

 

[GrumpyGregry]

Let's see...

He will block it
The Ramblers and the ramblers will force the Highways Authority to insist he opens it
If he owns land nearby he will apply to have it diverted elsewhere
The Highways Authority, doffing their cap to the fella in the 'big house', who probably has a few bob and is probably also on the square like lots of senior local government folk, will agree, willingly to the diversion
The ramblers will be up in arms
The Ramblers will then appeal this
13 years after the first path blockage the High Court will overturn the HA decision
(Two years after that the law might actually get changed)
Forever after that the only way the footpath will be maintained, repaired and kept open will be through local vigilance and insistence on enforcement action from the HA.

Sound familiar? Cos it is a long game (scroll down to Framfield 68)

 

[Accy cyclist]

Thanks for the replies and advice.

 

[AndyPeace]

Apparently there's a bloke who lives in this big house on the road who wants to stop anyone from using it and then claim it as common ground for himself.

When you say 'common ground for himself' , do you mean legal ownership? just curious if this is possible? When we moved here 20+ years ago, a part of our land was taken just before we moved in, as i a fence was added alongside a disused footpath, which runs by the side of our garden. I don't block it or ought, but it is never used and overgrown, to the point that tree saplings are happily growing there, among the brambles, nettles and whatnot.