Someone trying to establish a bridle way through the farm yard

Sir loin

Member
Location
North Yorkshire
I too have just had a letter have 30 days to object so emailed with a list of objections only to be told that my objections count for nothing I have to find historical evidence that it has only been a footpath and never a bridleway.
 

ISCO

Member
Location
North East
If right is not documented ot takes 20 years to establish new pubpic right.
You can deposit a statement and declaration with local authority confirming rights of way that you acknowledge across your farm. This does not stop a claim being made for a new right however stops the 20 year period accumulating from the date of deposit. This is a useful thing for landowners to do.
 

Northdowns Martin

Member
Arable Farmer
Location
Snodland kent
This extract can be found on any County Council gov.uk web page, all landowners should make this declaration to safeguard their property. We now challenge anyone seen where they shouldn't be and have placed signs to highlight no access. Word of advice be proactive rather than reactive as once an application is made the historical evidence goes back 20 years from the date, so it's too late erecting signs and gates! Even if permissive access to a neighbour, friend, etc has been granted then record it.

What a landowner can do to prevent an application being successful
A landowner can show that they have no intention of dedicating a public right of way if they undertake 'overt' actions to make it clear to the public that they have no 'right' to cross or be on their land, such as:
  • The erection of carefully worded notices sited in relevant locations
  • The locking of a gate at least once a year
  • Challenges to users of the way, making a note of dates, times and names if possible
  • The depositing of a statement and map followed by a subsequent declaration under section 31(6) of the 1980 Highway Act
About depositing a map and statement
Section 31(6) of the 1980 Highway Act enables a landowner to deposit a statement accompanied with a map, followed by a declaration, with the council, acknowledging any existing public rights of way across their land, at the same time as declaring that they have no intention to dedicate any further routes to the public. The landowner must renew a deposit according to the regulations within 20 years to remain effective.
What depositing a map and statement does not do
This process has no effect on the existence of public rights of way already shown on the definitive map or otherwise shown to carry public rights, including by deemed dedication by virtue of 20 years use, before the map and statement was deposited.
Please note that this process does not apply to cases where an application to record a public right of way is based on historical documentary evidence.
 

Old Tip

Member
Location
Cumbria
Nowadays it’s usually mountain bikers that try it on so they can legally ride on footpaths. Often it’s where there’s a missing section to make a good circular route. There’s also a bunch of horse types trying to claim ancient ways which haven’t been bridle ways for decades but they dig through the old records to try and prove they were wrongly designated when they did the maps.
Either way if you stand your ground there not much they can do
 

neilo

Member
Mixed Farmer
Location
Montgomeryshire
If right is not documented ot takes 20 years to establish new pubpic right.
You can deposit a statement and declaration with local authority confirming rights of way that you acknowledge across your farm. This does not stop a claim being made for a new right however stops the 20 year period accumulating from the date of deposit. This is a useful thing for landowners to do.

We had a footpath imposed on us years ago, on an old rutted track that went over a stone railway bridge. Railtrack wouldn’t help us object (& have now had to spend well over a million replacing the failing bridge, as it has a right of way on it ?), and the group organising the claim managed to get together letters saying people had walked it for 20 years. Not the recent 20 years that we had owned it, but previous to that!
Most were downright lies, as we had cleared the overgrown track to be able to use it. One of the signatories had also been in a wheelchair all her life ffs.

There was nothing we could do about it.? We have Powys cc looking to try and extend paths and access here, but the previous experience prevents me giving the tossers an inch.
 

Northdowns Martin

Member
Arable Farmer
Location
Snodland kent
We had a footpath imposed on us years ago, on an old rutted track that went over a stone railway bridge. Railtrack wouldn’t help us object (& have now had to spend well over a million replacing the failing bridge, as it has a right of way on it ?), and the group organising the claim managed to get together letters saying people had walked it for 20 years. Not the recent 20 years that we had owned it, but previous to that!
Most were downright lies, as we had cleared the overgrown track to be able to use it. One of the signatories had also been in a wheelchair all her life ffs.

There was nothing we could do about it.? We have Powys cc looking to try and extend paths and access here, but the previous experience prevents me giving the tossers an inch.
Exactly the same in our case, claimants lying and Kent CC both believing and supporting them. Again our track was overgrown and impassable for a large portion of the 20 year continued use period. Inspector's only real case for approving claim was we hadn't signposted saying it WASN'T a footpath. Ironically first user once it was official was the local MP!
 

som farmer

Member
Livestock Farmer
Location
somerset
it took our neighbour 20 years+ to prove there wasn't a bridleway through his farm, we were challenged over a footpath through our yard, reckoned we had 'obstructed' the path, by putting a gate across it, bearing in mind, this was our yard, luckily, I had a aerial photo from the 40's, clearly showing a gate, and I stated, there had probably been a gate there for 2 or 3 hundred years ! The lengths some of these people go to is mind boggling. Drove my cousin to suicide, council forced him to spray off a track, 5 meters wide, right through 100acres of corn, a couple of months later, he was told it wasn't necessary, all brought about by 1 lady, backed up by her friends ! Kept onto him for several years, wouldn't sit down and talk it through, all had to be done, formally, through the council, and solicitors, in the end..... it was a private track, to some buildings, and no more than a footpath.
What it does show, are the lengths some of these people will go to, to prove their point. We sorted ours out, by showing the trustees, appointed after all male heirs were killed, in ww1, were not legally able to agree to the definitive map, in the 1950's, since then, I haven't heard a word since. No more than 20/30 people use it a year..
 
The footpath here was 'surveyed' in the early 1950s by the local schoolmistress as part of the National Parks and Access to the Countryside Act 1949, survey of Rights of Way. Her account on an official form details the route of the footpath and all the stiles and gates etc and from that report the council produced their definitive maps. I would imagine this would be a UK wide survey and might be worth getting hold of a copy from your council.
 
Rang NFU they said that the existing mapping records go back to early 1900s but the horse group are saying that it was a bridle way in the 1800s in some cases. There are no records back to 1800s so there’s no evidence to dispute. This is happening all over this area. We suspect they are making this up as they have in other areas/cases.
 

Gordy1

Member
Wouldn’t you think these horsey people would be trying to divert around a farm yard...with machinery going about its work, sudden noises from all sorts of activity, it can be frightening to some humans at times not alone unsuspecting horses?, who’s fault would it be if a heard of breakaway cattle came charging around the corner it does happen!!. ...oh yes of course it would be the livestock owners!!! as they sit there in the sh#*#t & the riderless horse galloping out of control across the fields!!!.
 

Sir loin

Member
Location
North Yorkshire
Rang NFU they said that the existing mapping records go back to early 1900s but the horse group are saying that it was a bridle way in the 1800s in some cases. There are no records back to 1800s so there’s no evidence to dispute. This is happening all over this area. We suspect they are making this up as they have in other areas/cases.
I have found online a 1897 map showing a house and a lane that we never new existed and just presented this as evidence that the bridleway continues on this path and perhaps not our footpath.
See If you can find evidence like I have from here:

https://maps.nls.uk/geo/find/#zoom=5&lat=56.0000&lon=-4.0000&layers=102&b=1&z=1&point=0,0
 

traineefarmer

Member
Mixed Farmer
Location
Mid Norfolk
I think these types of claims are going to get worse as the deadline to register rights of way is coming up in 2026.

We have a local busy body sending hundreds of applications into Norfolk County Council registering footpaths and changing their classification without proper consultation of landowners.

We are subject to one of his applications which intends to stop motorised vehicles from using an established footpath. Unfortunately this path is the only access to about 80 acres of our land!

The council are well aware of what he is doing and are not too happy that he is personally responsible for a tenfold increase in their workload. But they are tied by legislation bought to law by Blair which is heavily weighted in the favour of the public and access groups such as ramblers and I expect we will need the assistance of a specialist agent or solicitor to appeal.

Good luck to everyone in the same boat!
 

Pond digger

Never Forgotten
Honorary Member
Location
East Yorkshire
I think these types of claims are going to get worse as the deadline to register rights of way is coming up in 2026.

We have a local busy body sending hundreds of applications into Norfolk County Council registering footpaths and changing their classification without proper consultation of landowners.

We are subject to one of his applications which intends to stop motorised vehicles from using an established footpath. Unfortunately this path is the only access to about 80 acres of our land!

The council are well aware of what he is doing and are not too happy that he is personally responsible for a tenfold increase in their workload. But they are tied by legislation bought to law by Blair which is heavily weighted in the favour of the public and access groups such as ramblers and I expect we will need the assistance of a specialist agent or solicitor to appeal.

Good luck to everyone in the same boat!

How long have you been using the access? Is there any evidence that it ever had alternative access?
 

som farmer

Member
Livestock Farmer
Location
somerset
down near a relation in devon, there is a VERY strong concrete wall, with an 8ft gate in the middle, was always told 2 farmers kept falling out over using it as a ROW, one checked the deeds, 8ft it said, 8 ft it is, doesn't look as if its seen much use for years !
 

essexpete

Member
Location
Essex
There were a lot of rights of way that slipped off the definitive maps after WW2. In the case of bridleways often there was not anyone with interest to rectify. Use of bridleways by recreational riders tailed of in the 50 and 50s and in some cases small numbers used permissive routes without too much of an issue.
 

SFI - What % were you taking out of production?

  • 0 %

    Votes: 80 42.3%
  • Up to 25%

    Votes: 66 34.9%
  • 25-50%

    Votes: 30 15.9%
  • 50-75%

    Votes: 3 1.6%
  • 75-100%

    Votes: 3 1.6%
  • 100% I’ve had enough of farming!

    Votes: 7 3.7%

Red Tractor drops launch of green farming scheme amid anger from farmers

  • 1,293
  • 1
As reported in Independent


quote: “Red Tractor has confirmed it is dropping plans to launch its green farming assurance standard in April“

read the TFF thread here: https://thefarmingforum.co.uk/index.php?threads/gfc-was-to-go-ahead-now-not-going-ahead.405234/
Top