[OSM-talk] What would you do if...

[Ben Ward]

On 29/01/07, Dave <osm.list at randomjunk.co.uk> wrote:
>
>
> Just a question on the law here: isn't there something that says if
> there's nothing to indicate it isn't a right of way such as a gate saying
> private, and people use it for a right of way for over a certain time, then
> it is in fact now a right of way?
>
> I was under that impression because of the number of signs you find around
> saying there is no implied right of way and quoting something like the
> highways act 1975. Although that might be just a liability thing I suppose.
>
>
Yes, I remember reading the council minutes on a path which was a disused
railway south of Newbury (oh the glamour!).  People had used it for so long
that it was considered a right of way, despite being on land owned by a
farmer.  The onus was on him to display a sign saying "not a right of way",
otherwise after 25 (?) years it would become right of way. [1]


Ben

[1] This may not be worded exactly as it's written in the law books ;-)

-- 
ben at crouchingbadger.com | http://crouchingbadger.com
51.717817,-1.225855
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