Public Right of Way question.

[betty swollocks]

A bit naughtily, the other day on my bicycle, I took a short cut, a very scenic one, signposted as a public footpath, through a country estate. It's mostly a metalled a road but with a short grass section. As I was exiting out the other side, I was approached by a man in a pick up truck who had followed me along the public footpath and who politely advised me I was not allowed to cycle.
I contritely acknowledged this and asked him why he was allowed to drive along then?
He said he was the estate manager and thus had tacit permission from the landowners.
it all ended very amicably as I smiled said goodbye, hoisted my bike over the stile and cycled off along a B road.
So, my question is:- do public right of way rules apply to everyone, including the landowner through whose property the right of way runs?
I suppose I should address this question to my local council's rights of way officer......

 

[betty swollocks]

Is it their own land, if it's a PUBLIC right of way? Just what is the status of a right of way.......was my implied question?

 

[Drago]

If someone owns a field with a public footpath across it, they and their agents can drive on that footpath. However, because thr path is a 'public place' they have to obey certain standards of driving behaviour and have certain documents, dependent upon the class of the vehicle.

So the answer is "yes they can, with certain provisos".

 

[Flick of the Elbow]

You're not allowed to cycle on public footpaths in England. You are in Scotland- mostly.

 

[Drago]

Technically, there is no law specifically banning cycling on a public footpath, but that's a big and complex can of wriggly things.

 

[MikeG]

Just for the sake of clarity, if it were a bridleway rather than a footpath you would have been perfectly entitled to cycle on it.

You may have been challenged because of this:

• Although there is no legal right to cycle on footpaths, some are regularly used by cyclists. If enough cyclists use a footpath in this way without the landowner challenging them for (usually) 20 years, then a restricted byway may be claimed through ‘presumed rights’ under s31 of the 1980 Highways Act.

The landowner may not have wanted to see this right established.

 

[Svendo]

Technically, there is no law specifically banning cycling on a public footpath, but that's a big and complex can of wriggly things.

Does this mean it's a tort rather than a crime, in which case it's a 'sue me for your damages to the Tarmac' situation. Would it make you a trespasser whilst cycling, or would you retain your right of way whilst commuting the tort. Or could the landowner escort you with reasonable force to the nearest exit until you dismounted and became a pedestrian again?

 

[Drago]

Its not an anything. There's a gap in the legislation at this point.

Some suggest that it might be regarded as trespass, which is a tort, but that's never stood up in court because its difficult to trespass on a public right of way.

As mentioned above, the landowner may well be concerned about setting a precedent that might reclassify the route some time in the future.

 

[biggs682]

where were you @betty swollocks ?

 

[ColinJ]

Is it their own land, if it's a PUBLIC right of way? Just what is the status of a right of way.......was my implied question?

There is a public footpath that I used to use in Hebden Bridge which goes straight through the garden of a hillside cottage. It is a strange feeling walking along a gravel path across someone's lawn while the family are chatting round a garden table on one side and the mother is tending her flowers on the other! It seemed rude not to say anything in passing so I always used to say "Lovely day", "I like your flowers" or something like that.

 

[classic33]

Just for the sake of clarity, if it were a bridleway rather than a footpath you would have been perfectly entitled to cycle on it.

You may have been challenged because of this:

• Although there is no legal right to cycle on footpaths, some are regularly used by cyclists. If enough cyclists use a footpath in this way without the landowner challenging them for (usually) 20 years, then a restricted byway may be claimed through ‘presumed rights’ under s31 of the 1980 Highways Act.

The landowner may not have wanted to see this right established.

To be fair to the OP, they've only admitted the one use.

It can't be the one person using it for the qualufying period either

 

[fossyant]

A cheaky shortcut as MTBers say.

 

[classic33]

There is a public footpath that I used to use in Hebden Bridge which goes straight through the garden of a hillside cottage. It is a strange feeling walking along a gravel path across someone's lawn while the family are chatting round a garden table on one side and the mother is tending her flowers on the other! It seemed rude not to say anything in passing so I always used to say "Lovely day", "I like your flowers" or something like that.

Built with the intention of blocking it though. Didn't work out that way. It should run through the house, if on the original route.

 

[betty swollocks]

where were you @betty swollocks ?

Hamstead Park, West Berkshire. Here.
There's a map at the foot of the description. I exited near Church Farm in the SE corner of the estate.

 

[betty swollocks]

Thanks all for your comments.