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

Barnett, Phillip Phillip.Barnett at itn.co.uk
Mon Jan 29 12:43:41 GMT 2007


There's a branch of Lloyds Bank at the top of my road, (Cambridge)  with
an ATM in a recessed area (courtyard in front of building) 
There's a notice on the wall which made me stop and stare when I first
saw it, which says something like "There is no public right of access to
this space" which, taken literally, makes legal sense, presumably they
don't want a right of way forming after 25 years, but has the effect on
naive members of the public of making one apprehensive to approach the
bank entrance or ATM. 
I've been meaning to photograph the sign for your amusement...


 
 



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From: talk-bounces at openstreetmap.org
[mailto:talk-bounces at openstreetmap.org] On Behalf Of Ben Ward
Sent: 29 January 2007 11:46
To: OSM Talk
Subject: Re: [OSM-talk] What would you do if...




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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