[OSM-newbies] Fence in middle of street

[Matt Freake]

> > 
> > I found it rather interesting to note that in the UK, 
> > property owners have to assert the right of ownership on 
> > their lands, otherwise the public can wander about it at 
> > will. I guess that's the difference between a country with a 
> > couple hundred years of history versus thousands of years of 
> > history. We came in and pretended that there was no history 
> > in North America, and we could divvy it up from a clean slate.
> 
> I don't know where the view came from that in England property owners have
> to assert the right of ownership ... Otherwise the public can wander about
> it at will". IMHO this is in general not true. A member of the public acting
> in that way would be a trespasser and committing a tort in law that would be
> subject to civil action. The only exception is the recent creation of
> "access land"; the public does have the "right to roam" on designated
> "access land" (as created and designated under the CROW Act). This is why in
> England (and Wales) the concept of "public rights of way" is so important
> (and has to be defended so vigorously). On these designated ways (as per the
> corresponding "definitive map" and "definitive statement") the public has
> the right to travel "the Queen's Highway" - either on foot or on a horse
> according to their status (bicycles are also now allowed where horses are
> allowed unless otherwise specified). In Scotland - and in many Continental
> European countries the situation is the reverse and more as described by
> whomever made the earlier post: i.e. the public has the right to roam
> everywhere (with certain common-sense exceptions - e.g. usually not in
> someone's garden or on cultivated land) unless otherwise specified - hence
> the expressions: allemansrätt (Sweden), Wegefreiheit (Austria - can't
> remember the correct translation for Germany), jokamiehenoikeus (Finland),
> etc.

Bearing in mind that I am not a lawyer, isn't there a concept that if a
a route through a bit of land has been used by the public for a number
of years, without the obstruction by the owner, it becomes a right of
way? Randomly searching the internet, this link
(http://www.rightofwaylaws.co.uk/how_can_I_stop_people_using_my_land_as_if_it_is_a_right_of_way.html)
says that it is 20 years and is s.31 of the Highways Act 1980. Growing
up I recall a local church had a car park that could be used as a
cut-through. In order to prevent it becoming a right-of-way they had
various notices up saying it wasn't and locked the gates to it once a
year.

Like I say, I'm not a lawyer, so I don't know if this is true, but I
imagine this is where that view comes from



Matt