Footpath problem

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by Drillman, Jan 27, 2019.

  1. Drillman

    Drillman Member

    Location:
    North Yorkshire
    we recently received a snotty letter from the council informing us that were in bother as we have moved a gate from where the definitive line for the footpath is supppsed to go.

    We haven’t moved it. The gate has been there since we took the farm on in 1979

    What there saying is mindlessly petty as the only difference is the footpath continues along the edge of an arable field for about 50 metres then crosses into a grass field rather than going into the grass field then following the line of the arable field.

    We’re talking about a line that’s 3-4 metres from where they reckon it should be and makes no difference to anyone. It’s also been like this for over 40 years possibly much longer.

    Can they do anything or is it some jobsworth just throwing his weight about with no evidence to back it up?
     
  2. 7610 super q

    7610 super q Member

    Location:
    Crapweathershire
    Have you got any photo's to prove it hasn't moved since '79 ?
     
  3. Drillman

    Drillman Member

    Location:
    North Yorkshire
    No but there’s a bloody great thorn bush that’s been growing for the last 50 plus years were they reckon the gate should be.
     
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  4. Drillman

    Drillman Member

    Location:
    North Yorkshire
    And there’s been way markers on the current path for donkeys years as well.

    And where they wanting gate moved to means it goes down a steep bank rather than a sensible slope.
     
  5. 7610 super q

    7610 super q Member

    Location:
    Crapweathershire
    Just ignore it and see what happens............
     
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  6. peewit

    peewit Member

    We had a similar letter. Our footpath followed an ancient drovers route but the footpath officer decided that it was not on the "definitive" map. Their route would have sent it through an area which floods in winter. After inspecting the route the officer advised us to take photo's of flooding which we did. We also said that if they insisted on changing this route then the old one would be blocked off. This was ten years ago and we have heard nothing since.
     
  7. Take photo showing waymarkers and reply including the photos that the path and gate has been in the same place since you have been farming there in 1979 and it must be in the correct place as they have marked it as the correct line for that period of time?

    If you want to really wind them up you could add that you have relied on their waymarkers as being correct any changes must now be seen as maladministration after this period of time and you would hold them liable for any costs now incurred.
     
    Last edited: Jan 27, 2019
  8. dannewhouse

    dannewhouse Member

    Location:
    huddersfield
    can he prove that his map is correct ie there is no obvious marks where a style once was?
    we had similar council got on at us that a gate was far too hard to open, we said why are you opening it they said for footpath we said oh no footpath is 30ft along wall, car smashed style out (10+year ago) and council built wall straight through laying some parts of the style in the wall so can see 90% where style was! they gave us 24 hours to put it right or they set someone on and we pay, when I pointed out it was their wall and their problem the we've no money card came out and 5yr+ onwards nothings happened.
     
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  9. Drillman

    Drillman Member

    Location:
    North Yorkshire
    No he’s no proof other than a line drawn on a map.

    Have several angles on the subject now and when they will inevitably call tomorrow I intend to systematically pull them to pieces!

    I’ve already told them by email that the gate is correct and it’s obviously a mapping error
     
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  10. Frank-the-Wool

    Location:
    East Sussex
    I am always getting letters about footpaths and stiles making threats that we have to fix broken steps etc. We always get to them eventually but cannot remember ever having a follow up letter if we havn't done it in the 28 days!!
     
  11. bobk

    bobk Member

    Location:
    stafford
    fudge em , they want access for motorbikes etc , twits the lot of them
     
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  12. 5020man

    5020man Member

    Hi.
    Back in the early 1950s Parish Councils carried out a walking survey of foot paths and lots were extinguished.
    Contact your highways/rights of way dept. and request a copy of the
    walking survey for your parish.
    The maps will show all rights of way at that time and the ones that were
    closed
    Hope this helps.


    5020 man
     
  13. Brisel

    Brisel Member

    Location:
    Dorset
    Blocking/restricting a right of way will flag you up as worth an inspection by the RPA, EA and anyone else who fancies a pop at you. A breach of one rule (correct or not) is statistically more likely to mean you're breaching other rules and they know that.
     
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  14. 7610 super q

    7610 super q Member

    Location:
    Crapweathershire
    But presumably, it was done by a previous owner over 40 years ago, unless I've read it wrong ?
     
  15. Drillman

    Drillman Member

    Location:
    North Yorkshire
    Correct.

    I did email the council as soon as I got the letter asking them if we could have a site visit to point out they wanted the gate moving to what will be a worse location which we believe will cause Health and safety issues. I’m certainly moving no gates until I get something in writing that I’m not liable for any issues!
     
    Last edited: Jan 28, 2019
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  16. Lili

    Lili Member

    ^^^^ this. It was the local schoolmistress and clerk of the community council who walked the footpath here. It was described as very muddy :ROFLMAO:
     
  17. Northdowns Martin

    Location:
    Snodland kent
    we had a private track that was claimed to have been walked unchallenged for over 20 years, this was adopted by highways after an inspector said it hadn't been sign posted as 'not a right of way'. Your situation appears to be in reverse to ours ie. correct route not being used for over 20 years.
     
  18. 7610 super q

    7610 super q Member

    Location:
    Crapweathershire
    Well, I hope the authorities don't chase me for for what the previous owners did here....:eek::LOL:
     
  19. Rubbish!
     
  20. Brisel

    Brisel Member

    Location:
    Dorset
    Call it what you like. That's how the authorities work these days. It's a breach of GAEC 7b.
     

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