Small Woodland Owners' Group

Footpath Wars

Topics that don't easily fit anywhere else!

Re: Footpath Wars

Postby Bearwood » Sun Feb 03, 2013 7:01 pm

What is it with people having a blatant disregard for another individuals property?

I bet she 'd moan if you walked through her front room and out the back door!?
Bearwood
 
Posts: 161
Joined: Sun Aug 19, 2012 7:04 pm

Re: Footpath Wars

Postby Bearwood » Sun Feb 03, 2013 7:43 pm

Good on you! Our local hunt keeps well away from this area, but I used to use a wood on the edge of a large estate for camping which was regularly beasted by the hunt.

It's the individual trespassers with no apparent agenda that I distrust.
Bearwood
 
Posts: 161
Joined: Sun Aug 19, 2012 7:04 pm

Re: Footpath Wars

Postby MattF » Sun Feb 03, 2013 7:47 pm

Put a sign up saying vermin control in progress or trespasses will be shot survivors will be shot again ;)

A few years back a retired couple bought a small holding at the back of my mum and dads it has got a footpath at the side of it they were members of the Ramblers Association at the time of them buying it until it was in there back yard then they didn't like it and turned into anti ramblers. Strange that :o not in my back yard comes to mind.

Matt
MattF
 
Posts: 35
Joined: Wed Jan 23, 2013 9:34 am

Re: Footpath Wars

Postby Emma S » Sun Feb 03, 2013 10:31 pm

Do you have a copy of the old permissive access route, which gives a date on it, as to when it expired. You could put that up alongside the sign explaining there WAS a path, but it was only temporary and has been closed since 2011, as per the council notice.

We had to do that with a permissive access we had across the farm, which actually shut 4 years ago. 2 years ago we had an impromptu camp in one of our lower fields and these 2 ladies started arguing with my OH about being able to walk through our campsite. It didnt seem to matter that he told them he owned the whole farm, they didnt want to get off and started arguing 'right to roam' at him.....
10 mins later it was a woman and child ON HORSEBACK!! :shock:
And then a bloke with a 4x4 and trailer with a kids quad bike on the back, and it went on

I dont think we had been aware about how much people were using our bottom fields without us knnowing until we stayed there for the weekend.

We found it very irritating that the ramblers and the council were very keen to advertise when new paths were open, but not quite so keen to inform once the permissive ROW were closed.
Emma S
 
Posts: 61
Joined: Fri Jun 10, 2011 6:22 pm

Re: Footpath Wars / evicting trespassers

Postby SimonFisher » Mon Feb 04, 2013 9:38 am

oldclaypaws wrote:For information, I'm told if you find a trespasser you can give them three clear warnings to leave and then use reasonable force to remove them.


This article (http://www.tm-law.co.uk/eviction-of-trespassers-under-common-law/) gives a good summary of what the law actually says about removing trespassers - first ask the trespassers to leave, if refused you can then remove the trespassers “using no more force than is reasonably necessary”. The section "Police involvement" is also worth a read. It's perhaps worth knowing what the law says and where the police might help.

Can any others give first hand details of situations they've experienced?
SimonFisher
 
Posts: 614
Joined: Sun Mar 30, 2008 5:00 pm

Re: Footpath Wars

Postby Alex » Mon Feb 04, 2013 1:38 pm

Interesting to read about this issue, from non-farmers.

I've had to chase down green laners on more than one occasion, just to tell them where to go politely. Even had them argue with me about what was on their 'map', basically a google map - satellite image of a track on the farm.

Signs / or anything built for ramblers are removed - sometimes accidentally :? . Can't believe local authorities go to such an effort to put them places, yet pot holes and road maintenance goes ignored.
Alex
 
Posts: 108
Joined: Tue Oct 16, 2012 12:42 pm

Re: Footpath Wars

Postby Stephen1 » Mon Feb 04, 2013 10:18 pm

It will be interesting to see how your approach to this will have changed in a few years from now - when you've been a 'landholder' for a few years! I don't for a minute suggest I know, or think I can predict, how it will change but it won't be the same as it is now. Strong-willed bloke as you undoubtedly are, eventually an acceptance of the situation on the ground, rather than an impotent demand and expectation of your 'paper rights', will take hold - at first you'll be a little dissappointed but then you'll reach an accomodation. Option B is to start the journey to madness and let these univited guests steal from you all the joy your woods can bring you. Your first thought when you arrive under your special oaks being "have the buggers been here again" - you won't even hear the thrush singing in the tree by your gate - all you'll see is the day old footprints of the intruder, and instead of relaxing under the trees the bloodpressure will rise!

There's a difference when dealing with intruders bent on damage or theft (they should, of course, be gelded), but beware the pyrrhic victory of vanquishing every walker with a love of woods 'cos there'll always be another and another, and you'll always feel their presence with every broken twig or out of place shape on the ground you don't recognise. "The buggers have been here again" you'll wail. It's like shaking your fist at the wind. The wind blows and every now and then it'll blow a tree over that you didn't want. That the wind is a part of what happens to a wood on this island is something you well understand and accept. Part of the narrative of a wood on this overcrowded island is the occasional walker.

For god's sake don't engage in the use of what you perceive as reasonable force to eject one - take a look at the case law for that when on land that isn't within the curtilage of your residence, it does not smile on landowners that have tried it. It is effectively a paper right only. Don't speak to your solicitor about it, go and have a word with the local constabulary and let them give you a heads up on what typically happens following such 'evictions'.

Perhaps you could plant some bramble to dissuade them accessing all parts of your domain? ;)
Stephen1
 
Posts: 212
Joined: Sun May 10, 2009 8:12 am

Re: Footpath Wars

Postby MartinB » Tue Feb 05, 2013 1:40 pm

I'm glad to hear it has all been sorted out but I must say that you do need to ease off of the pedal a bit or you're going to explode.
MartinB
 
Posts: 31
Joined: Tue Jan 08, 2013 10:37 pm


Return to General

Who is online

Users browsing this forum: No registered users and 1 guest

cron