Footpath problems

[Sa86]

Don't know if I'm putting this in the right section or not but here goes.
Since COVID and bit before but especially last few years I've got people walking all over my land from footpath to footpath across non footpath fields just using it as a shortcut to cut themselves a few miles off the actual path sick of telling them it's not a footpath so have applied for a section 31/6 of the highways act basically it's meant to put a stop to councils creating new rights of way across your land the only trouble I'm thinking may arise is a stone track they have been walking along has gates on but you might as well not use them the locals remove them tried post and wire across they cut the wire and pull the posts up next step is to put some 5ft tall sheeted gates up and lock them with a padlock however only thing that has stopped me doing that till this point is until the section 31 is all done and finished I know full well the locals would try going through the council to get it made into a footpath once I've got the section 31 sorted the council man said they can and might protest it by saying they have used it for 20 years uninterrupted which is totally untrue but how could they prove they have and how could I prove they haven't is my question. Once the forms done it's more a uphill struggle for them to get it through but I do worry enough people and money can get anything overturned

 

[Princess Pooper]

Don't know if I'm putting this in the right section or not but here goes.
Since COVID and bit before but especially last few years I've got people walking all over my land from footpath to footpath across non footpath fields just using it as a shortcut to cut themselves a few miles off the actual path sick of telling them it's not a footpath so have applied for a section 31/6 of the highways act basically it's meant to put a stop to councils creating new rights of way across your land the only trouble I'm thinking may arise is a stone track they have been walking along has gates on but you might as well not use them the locals remove them tried post and wire across they cut the wire and pull the posts up next step is to put some 5ft tall sheeted gates up and lock them with a padlock however only thing that has stopped me doing that till this point is until the section 31 is all done and finished I know full well the locals would try going through the council to get it made into a footpath once I've got the section 31 sorted the council man said they can and might protest it by saying they have used it for 20 years uninterrupted which is totally untrue but how could they prove they have and how could I prove they haven't is my question. Once the forms done it's more a uphill struggle for them to get it through but I do worry enough people and money can get anything overturned

Get photos of your attempts to keep them out, I think it's undisputed as well as uninterrupted, that way you can prove you tried to make it clear you did not want it there. Make sure you get photos of signs saying it is not a public right of way (even though they will probably be torn down pretty quick).
" A PROW can be legally created if it has been used by the public without force, secrecy or permission, for at least 20 years, and the owner of the land which is the subject of the right of way has not taken steps to prevent it, such as erecting notices or locking gates."

Can you prevent a highway from being created on your property? - Reading solicitors, corporate, property and family advice | Field Seymour Parkes

What is a public right of way? A Public Right of Way (PROW) is a...

www.fsp-law.com

 

[Kam]

Don't know if I'm putting this in the right section or not but here goes.
Since COVID and bit before but especially last few years I've got people walking all over my land from footpath to footpath across non footpath fields just using it as a shortcut to cut themselves a few miles off the actual path sick of telling them it's not a footpath so have applied for a section 31/6 of the highways act basically it's meant to put a stop to councils creating new rights of way across your land the only trouble I'm thinking may arise is a stone track they have been walking along has gates on but you might as well not use them the locals remove them tried post and wire across they cut the wire and pull the posts up next step is to put some 5ft tall sheeted gates up and lock them with a padlock however only thing that has stopped me doing that till this point is until the section 31 is all done and finished I know full well the locals would try going through the council to get it made into a footpath once I've got the section 31 sorted the council man said they can and might protest it by saying they have used it for 20 years uninterrupted which is totally untrue but how could they prove they have and how could I prove they haven't is my question. Once the forms done it's more a uphill struggle for them to get it through but I do worry enough people and money can get anything overturned

Been through similar.......Signage is key to this, and document any infringement of the signage. Also, take photos of the signs you have erected.

 

[Nearly]

Trail cameras too.

 

[Sa86]

Get photos of your attempts to keep them out, I think it's undisputed as well as uninterrupted, that way you can prove you tried to make it clear you did not want it there. Make sure you get photos of signs saying it is not a public right of way (even though they will probably be torn down pretty quick).
" A PROW can be legally created if it has been used by the public without force, secrecy or permission, for at least 20 years, and the owner of the land which is the subject of the right of way has not taken steps to prevent it, such as erecting notices or locking gates."

Can you prevent a highway from being created on your property? - Reading solicitors, corporate, property and family advice | Field Seymour Parkes

What is a public right of way? A Public Right of Way (PROW) is a...

www.fsp-law.com

Would you say I need to get the gates up before trying to get the section 31 done so I have proof of them pulling signs down ect or get the section 31 done then put gates up

 

[neilo]

Don't know if I'm putting this in the right section or not but here goes.
Since COVID and bit before but especially last few years I've got people walking all over my land from footpath to footpath across non footpath fields just using it as a shortcut to cut themselves a few miles off the actual path sick of telling them it's not a footpath so have applied for a section 31/6 of the highways act basically it's meant to put a stop to councils creating new rights of way across your land the only trouble I'm thinking may arise is a stone track they have been walking along has gates on but you might as well not use them the locals remove them tried post and wire across they cut the wire and pull the posts up next step is to put some 5ft tall sheeted gates up and lock them with a padlock however only thing that has stopped me doing that till this point is until the section 31 is all done and finished I know full well the locals would try going through the council to get it made into a footpath once I've got the section 31 sorted the council man said they can and might protest it by saying they have used it for 20 years uninterrupted which is totally untrue but how could they prove they have and how could I prove they haven't is my question. Once the forms done it's more a uphill struggle for them to get it through but I do worry enough people and money can get anything overturned

Have you had the land long? We had a footpath imposed on us back home with people claiming they’d used it for a 20 year period. The period they chose was from long before we’d bought it, with a lot of letters sent in by various people, one of which had been in a wheelchair all her life!

If they are well organised then there is little you can do to prove otherwise tbh…. and then the Ramblers &Council wonder why landowners aren’t keen to cooperate with them!

 

[Sa86]

Have you had the land long? We had a footpath imposed on us back home with people claiming they’d used it for a 20 year period. The period they chose was from long before we’d bought it, with a lot of letters sent in by various people, one of which had been in a wheelchair all her life!

If they are well organised then there is little you can do to prove otherwise tbh…. and then the Ramblers &Council wonder why landowners aren’t keen to cooperate with them!

Great that fills me with lots of hope yes we've owned the land since the early 70s the walkers are a pain we've had sheep savaged down there by dogs they walk through the crops wherever they please push holes in hedges to cut through to other fields. I would imagine they would try get it put into a footpath if given the chance

 

[renewablejohn]

Dont want to hijack the thread but have just been notified that the stile on our public footpath (which I admit does need replacing) The council want to replace with a stock proof kissing gate.which when installed the landowner will inherit the structure with all future maintenance being the responsibility of the landowner. Anyone know whether this is actually legal. I am totally opposed to it as the stile is an active deterrent in stopping dog walkers which we have a major problem in the area with due to the shear volume of professional walkers using the tracks normally with a minimum 6 dogs at a time.

 

[Ffermer Bach]

Dont want to hijack the thread but have just been notified that the stile on our public footpath (which I admit does need replacing) The council want to replace with a stock proof kissing gate.which when installed the landowner will inherit the structure with all future maintenance being the responsibility of the landowner. Anyone know whether this is actually legal. I am totally opposed to it as the stile is an active deterrent in stopping dog walkers which we have a major problem in the area with due to the shear volume of professional walkers using the tracks normally with a minimum 6 dogs at a time.

if the stile needs replacing, I would be inclined to bit the bullet and replace it myself now with another stile. Footpath officer here wanted to replace a stile with a kissing gate, neighbour told him "if you put a kissing gate there, I will come up with my JCB and beat it down", footpath officer took the easier decision and replaced it with another stile!

 

[7610 super q]

if the stile needs replacing, I would be inclined to bit the bullet and replace it myself now with another stile. Footpath officer here wanted to replace a stile with a kissing gate, neighbour told him "if you put a kissing gate there, I will come up with my JCB and beat it down", footpath officer took the easier decision and replaced it with another stile!

The only hassle with that is if a walker breaks a leg climbing over and tries to sue you. I leave Pembs NP to erect and maintain styles here, hoping to avoid that.
Avoid self closing gates at all costs. Doggers just prop them open with sticks.

 

[Ffermer Bach]

The only hassle with that is if a walker breaks a leg climbing over and tries to sue you. I leave Pembs NP to erect and maintain styles here, hoping to avoid that.
Avoid self closing gates at all costs. Doggers just prop them open with sticks.

here, between two stiles the council have laid two planks of wood next to each other over a ditch, far more likely to break a leg on that. I don't think it's safe, just lucky I have never seen a walker on the footpath!

 

[solo]

The interpretation of the rules in Worcestershire as I understand it is the council will supply a stile for the landowner to erect. If the council has to replace a stile it will be a kissing gate, which can not be reverted back to a stile again. Whether that is imperpuity I don’t know,or just for the life span of the current cc officer.

 

[Humble Village Farmer]

Get some cattle and mob graze it with lots of electric fencing.

 

[Hfd Cattle]

The interpretation of the rules in Worcestershire as I understand it is the council will supply a stile for the landowner to erect. If the council has to replace a stile it will be a kissing gate, which can not be reverted back to a stile again. Whether that is imperpuity I don’t know,or just for the life span of the current cc officer.

Just had some put up . The council supplied them but the Parish Lenthsman put them up ...rather poorly but at least it was done .

 

[essexpete]

Thoughtless dog walkers are an absolute menace but that apart do the walkers cut across crops or through a yard?

 

[ploughman1963]

Dont want to hijack the thread but have just been notified that the stile on our public footpath (which I admit does need replacing) The council want to replace with a stock proof kissing gate.which when installed the landowner will inherit the structure with all future maintenance being the responsibility of the landowner. Anyone know whether this is actually legal. I am totally opposed to it as the stile is an active deterrent in stopping dog walkers which we have a major problem in the area with due to the shear volume of professional walkers using the tracks normally with a minimum 6 dogs at a time.

I am struggling to recall where I found it, but in Shropshire I am sure that if you will accept a kissing gate they will supply for free but they wont supply a stile free of charge. I understand that they cannot insist on you having a kissing gate.

 

[renewablejohn]

I am struggling to recall where I found it, but in Shropshire I am sure that if you will accept a kissing gate they will supply for free but they wont supply a stile free of charge. I understand that they cannot insist on you having a kissing gate.

What annoys me is the threat. "These improvements are aligned with our statuatory duties and in accordance with your requirement to maintain your structures. If we do not receive a response objecting to the works we will schedule the works to be undertaken. Whatever happened to the "Your stile needs renewing here are the materials to replace it could you please carry out the work as soon as possible".

 

[ollie989898]

The only hassle with that is if a walker breaks a leg climbing over and tries to sue you. I leave Pembs NP to erect and maintain styles here, hoping to avoid that.
Avoid self closing gates at all costs. Doggers just prop them open with sticks.

You would be insured anyway surely.

 

[yellow belly]

You would be insured anyway surely.

Public liability insurance covers it

 

[Still Farming]

The only hassle with that is if a walker breaks a leg climbing over and tries to sue you. I leave Pembs NP to erect and maintain styles here, hoping to avoid that.
Avoid self closing gates at all costs. Doggers just prop them open with sticks.

Yes the "helpful ,footpath Mission ", crowd been clearing all around here and now not stock proof and Dangerous to the public as rotten wood etc?
Drive a bus through is an under statement and trash shoved everywhere?
They just turn the tables as say contact the Council to replace as they say their just a Charity keeping them open?