[Tagging] Examples at https://wiki.openstreetmap.org/wiki/Key:access

Paul Allen pla16021 at gmail.com
Fri May 29 11:27:44 UTC 2020


On Fri, 29 May 2020 at 11:32, Colin Smale <colin.smale at xs4all.nl> wrote:

Since we're getting down to splitting hairs here, I'll get out my
microtome. :)

>
> In the UK (especially Scotland) land ownership is pretty absolute. Every
> bit of land is owned by someone, even if that owner is The Crown. The owner
> has an absolute right to determine who has right of access, except for
> certain cases, like a Public Footpath or designated open access land that
> falls under the "right to roam" legislation.
>

This is, AFAIK, correct.

A person's house and driveway does not fall under these exceptions,
>

Actually, each local authority maintains a definitive map of public
footpaths, bridleways, BOATs, etc.  And when they say definitive, they
mean definitive.  If, by mistake, they draw a footpath in the wrong place
such that it is incorrectly shown going along your drive and through your
house then legally that IS the right of way.  If the definitive map is
wrong,
it is definitively and legally right.  The public has the legal right to
follow
the path shown in the definitive map even if it is obviously wrong and they
can see the actual path nearby.

so there is no right of access, except with the landowner's permission.
>

Unless the definitive map shows a "wrong of way" going along your drive
and through your house.  Then the landowner cannot legally prevent
access.

[lengthy snip]

> You refer to a specific case - "when visiting the house". It would be
> unlawful if you were just out for a stroll, without the intention of
> visiting the house. Access=permissive would imply that it would be OK to
> walk up the driveway to have a look around the garden, and that is not the
> case.
>

I feel that access=permissive is not entirely useful for driveways.  How
do you get permission?  Is it legally acceptable to walk along the driveway
to the house to ask permission to walk along the driveway to the house in
order to talk to the householder about something?  It all gets a bit
recursive.

-- 
Paul
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