Footpath - Ramblers trying to change definitive map.

[organicguy]

Have just received notification from the council that the Ramblers have applied to change the definitive map to include a 50 m length of farm track as a footpath.
The track joins the road (where an existing path ends) to a cross field footpath which then creates a circular route from the town.
We allowed the path to be used as a permissive path about 20 years ago when the community forest was improving local access.
What to do?
PS I can't find any paperwork!

 

[Ffermer Bach]

I would go and see my solicitor and or land agent quick, could you do a statutory declaration about allowing a permissive path I wonder, if you can't find any paperwork about it?

 

[Brisel]

Take legal advice from an agent or the NFU. You can hold any claims under the 20 year rule with a permissive path under a Section 31(6) notice. If you have no proof that you had done the right paperwork before you will struggle with this. If they can prove that it has been used by everyone for 20 years then they can have it made into a right of way on the definitive map.

 

[theboytheboy]

Anyone who hasnt done a Landowner deposit under section 31(6) of the Highways Act 1980 get it done!

Do it now.

If i can do it anyone can (but if you cant pay your agent)

 

[Sid]

Ramblers

Rambler have a list of possible paths.
Have to register to see them sorry

 

[Brisel]

There is a heat map website that logs the pathways people use, though I can't remember what it is called nor how it works (mobile signal?). I looked at it where I used to live & there was an astonishing amount of traffic where no rights of way existed.

 

[Sid]

There is a heat map website that logs the pathways people use, though I can't remember what it is called nor how it works (mobile signal?). I looked at it where I used to live & there was an astonishing amount of traffic where no rights of way existed.

Is it this one?

Strava's Global Heatmap

The Global Heatmap shows 'heat' made by aggregated, public activities over the last year. The heatmap is updated monthly.

www.strava.com

 

[Brisel]

Is it this one?

Strava's Global Heatmap

The Global Heatmap shows 'heat' made by aggregated, public activities over the last year. The heatmap is updated monthly.

www.strava.com

That's the one, thank you. I can't get to the map for a given area though.

 

[chaffcutter]

Got our map by postcode but not signed up to see the details

 

[Wombat]

Got our map by postcode but not signed up to see the details

There are hundreds appeared as the have looked over the 1900 maps for any signs of FP mentioned.

 

[Swarfmonkey]

They’re going for the “sh!t or bust” approach.

Bung in a claim, no matter how spurious, in the theory that at least some will get through.

 

[organicguy]

Had a long talk with Footpath officer. We put a declaration in 2013. We have people claiming they used it unchallenged regularily in the 20 years previous to that. From what I can see our declaration does not clear any claims before it was deposited.
This track was used to link two footpaths. When the community forest was trying to increase access we had a meeting about using it as permissive path no paperwork.
If we had been asked about continuing access we would have been helpful!
Poke the dog , he bites, tickle his tummy, he rolls over!

 

[Kidds]

We have people claiming they used it unchallenged regularily in the 20 years previous to that.

Worth checking how old they are and where they were living at the time. You will probably catch them out.

 

[Brisel]

Got our map by postcode but not signed up to see the details

Tried that and it worked well

Footpaths I'd never thought of as busy had a lot more use than expected. Plenty of traces where no path exists too.

My boss owns a motor racing circuit - there was a massive heat trace there! It must be using your mobile phone for tracking.

 

[organicguy]

Tried that and it worked well

Footpaths I'd never thought of as busy had a lot more use than expected. Plenty of traces where no path exists too.

My boss owns a motor racing circuit - there was a massive heat trace there! It must be using your mobile phone for tracking.

I think the map uses one of the fitness apps, the biggest line on ours is the route of a x-country run which did not even take place last year!

 

[D14]

That's the one, thank you. I can't get to the map for a given area though.

Just checked ours and I question it’s accuracy massively. We’ve got supposedly active routes across fields no where near roads or footpaths/bridleways. There’s activity in one field where any users have crossed a 60ft river with no bridge.

 

[Northdowns Martin]

Those heat maps are frightening to see where people have strayed off the rights of way, accepting some tracking drift.

The point made about 20 year use claim, my advice is if making the path official isn't going to be a major disadvantage especially as you say you have allowed permissive access up to now and you don't have any paperwork then from my own previous experience don't fight it. The annoyance in my case was although the PROW officer couldn't find any historical evidence that a right of way ever existed the local council still had a duty to support and fund the claimants case. My argument was that they should either equally support the historical evidence or tell the claimants to fund their own case.

 

[7610 super q]

Sounds like padlocked gates and barbed would be the best solution for all this.

 

[J 1177]

Those heat maps are frightening to see where people have strayed off the rights of way, accepting some tracking drift.

The point made about 20 year use claim, my advice is if making the path official isn't going to be a major disadvantage especially as you say you have allowed permissive access up to now and you don't have any paperwork then from my own previous experience don't fight it. The annoyance in my case was although the PROW officer couldn't find any historical evidence that a right of way ever existed the local council still had a duty to support and fund the claimants case. My argument was that they should either equally support the historical evidence or tell the claimants to fund their own case.

I don't know how accurate they are. It shows one going diagonally through next doors stone house wall and directly through my workshop wall

 

[robs1]

Had a long talk with Footpath officer. We put a declaration in 2013. We have people claiming they used it unchallenged regularily in the 20 years previous to that. From what I can see our declaration does not clear any claims before it was deposited.
This track was used to link two footpaths. When the community forest was trying to increase access we had a meeting about using it as permissive path no paperwork.
If we had been asked about continuing access we would have been helpful!
Poke the dog , he bites, tickle his tummy, he rolls over!

Iirc when we made our declaration if people dont come forward then any claim afterwards saying it had been used before the declaration is dismissed.