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Topic Other Boards / Foo / Rights of access
- By LJS Date 07.01.08 11:52 UTC
We have a walk that is over a couple of fields that is private land but the owners gave permission for access for walkers which has been in place for over 25 years.

The land has been sold and the new owners have immediately withdrawn access  :rolleyes::rolleyes:

What I would like to know if access has been allowed for such a long time do we have any rights for the right to roam ?
- By Lea Date 07.01.08 14:41 UTC
Was it closed off at least once a year for 24 hours ???
Lea :)
- By LJS Date 07.01.08 14:44 UTC
Nope access 365 days a year :)
- By shadbolts [gb] Date 07.01.08 15:37 UTC
In which case I believe it defaults to a public right of way.

You'd have to check on this but I've been told twice that a path / access etc needs to be closed for a period of 24 hours every year in order for it to stay a "private" path.  My previous company used to close the driveway to one of it's buildings every Christmas day for this reason.
- By LJS Date 17.01.08 12:46 UTC
Had this response from one of the organsiations I contacted so looks like we may have a case :cool:

Lucy,

Your enquiry of 7th January has been passed to me, and describes a situation in which 'deemed dedication' may be relevant. 

If the public has used a piece of land without interruption or challenge for several years, a right of way is presumed to have been dedicated, even though the landowner has made no formal dedication.  However,
-    the piece of land in question will usually form a linear link between parts of the legally defined public rights of way network;
-    the minimum number of years (for qualification) is normally 20;
-    the use must have been by the general public (eg not just a couple of local dog-walkers);
-    the landowner must not have objected;
-    the public's use must have been so open and frequent that the landowner ought to have known about it;
-    the landowner must not have asked people to leave, put up a notice, locked a gate, or obstructed a path in order to exclude people.

If you wish to pursue this matter, I suggest you contact the public rights of way officer at Oxfordshire County Council.
- By Gemini05 Date 17.01.08 14:15 UTC
I would say you still should have access.
My friends lived in their house for over 30 years and then one day a member of the public pointed out that the was a 'right of way' down the side of their house!!
They lived in a detached house and for 30 years did not know of this walk through, my poor friends had to put a 6ft fence right in front of one of their side windows once it was declared the right of way should be there
Topic Other Boards / Foo / Rights of access

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