[ First Message Last
| Table of Contents
| <- Digest ->
| Search
Archive Index
| <-
Browser ->
]
------------------------------
[ Message 1 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
Date: Sat, 19 Apr 1997 05:07:20 -0400
From: Chris Marsden <Byway@compuserve.com>
Subject: Re: CLA 4x4 helping the disabled
Mike, I faxed off a letter, as telephone only gives message til monday am
Follows article in local rag:-
"Helping disabled enjoy the country"
"HELPING to create more opportunities for disabled residents and visitors
to enjoy pursuits in rural areas is the Country Landowners Association
In the summer, the CLA regional secretary! Judith Matthews will be seen at
the wheel of a 4x4 vehicle doing all she can to spear head the region's
contribution to a nation wide Initiative to provide vital access
facilities."
I read the above article in the Hereford Times, and have conversed with Tim
Stevens of LARA. He suggested I give you a call, I wonder if there is some
area in which I may offer assistance. I am keen on promoting sustainable
access to the country side.
Please telephone or fax on (on request) or write:
etc.
Chris
------------------------------
[ <- Message 2 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
From: TimLARA@aol.com
Date: Sat, 19 Apr 1997 15:59:46 -0400 (EDT)
Subject: Re: Protection of Def map ways
Chris Byway asks:
Does being on the DM make a difference for presumed dedication?
No, I don't think so. Deemed dedication means that if a route has been used
'as of right' for long enough, the route may become a RoW (if certain
conditions which automatically disqualify do not apply, eg if the owner
cannot dedicate in law; this might mean a trustee in bankruptcy, eg.)
'As of right' means without force, without secrecy, and without permission,
or in legal latin, nec vi, nec clam, nec precario. The use must not be
illegal, and it is illegal to use a motor vehicle on a footpath or bridleway
which is only that (for instance, a route known to have been formally
dedicated by the landowner as a bridleway - this is called express
dedication, or a route diverted to the current route by HA80 s119, which
cannot divert a carriageway). If the route is nothing, legally, in RoW terms,
but is a route to which the public have access, like a privately constructed
road on a housing estate that the landowner does nothing about 'defending'
with signs, gates, etc, such deemed dedication is possible.
It is not illegal to use a non-motor vehicle on a FP or BW, ie a bicycle or
handcart or sledge or travois, or a horse-drawn vehicle, or an an animal of
draft or burden which is not a horse or pony, (but not necessary a flock or
herd) so it is possible to acheive deemed dedication on a footpath or
bridleway as long as the relevant use is not motorised.
'Long enough' means for a reasonable time in common law, with fairly strict
conditions, and 18 months has been long enough, or for 20 years under statute
(easier to prove) ie HA80 s31.
When I say RoW I mean with public rights of one or other sort, and this does
not depend on the route being marked on the DM.
I think.
Unless you know different.
Cheers, tim
------------------------------
[ <- Message 3 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
Date: Sat, 19 Apr 1997 21:31:15 +0100
From: USER <john.o'reilly@virgin.net>
Subject: Case Law etc.
Hi One and All
I have started compiling a list of case law and other tasty tip bits
that could prve usefull in protecting and preserving our rights.
I hope to place these items on a web site in the future (when I've
worked out how to).
Any thing you find, see or hear about from what ever source please let
me know with as many details as you can, eg HA80 s56 or if case law:-
Dates, ?? v ??, name of Presiding Judge, Chapter etc.
Your help could help save our ROW all over the country.
Cheers John
------------------------------
[ <- Message 4 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
Date: Sat, 19 Apr 1997 21:31:15 +0100
From: USER <john.o'reilly@virgin.net>
Subject: Case Law etc.
Hi One and All
I have started compiling a list of case law and other tasty tip bits
that could prve usefull in protecting and preserving our rights.
I hope to place these items on a web site in the future (when I've
worked out how to).
Any thing you find, see or hear about from what ever source please let
me know with as many details as you can, eg HA80 s56 or if case law:-
Dates, ?? v ??, name of Presiding Judge, Chapter etc.
Your help could help save our ROW all over the country.
Cheers John
------------------------------
[ <- Message 5 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
From: Tilbo@aol.com
Date: Sat, 19 Apr 1997 16:47:12 -0400 (EDT)
Subject: ?
Mr Bush
Did you realy make such remarks as reproduced by GLEAM?
I Trust not - and if not are you going to sue?
DT
------------------------------
[ <- Message 6 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
Date: Sat, 19 Apr 1997 19:27:12 -0400
From: Chris Marsden <Byway@compuserve.com>
Subject: Re: Protection of Def map ways
> Does being on the DM make a difference for presumed dedication?
> No, I don't think so. Deemed dedication means that if a route has been
used
> 'as of right' for long enough, the route may become a RoW (if certain
On reflection, isnt that what Angela whats her name was claiming recently,
and also as per the gleam newsletter I posted.
If its on D map as a (say f/p) vehicular use is illegal. so 20+ years use
would not make it a byway, unless you had other proof or Veh rights, in
which case the 20 years then is irrelevent.
If this was so, it would mean the D map is helping to supress higher rights
being dedicated.
i.e. circumstantial evidence, and everyone uses it as a vehicular route,
but can never be put on through deemed dedication. Outrageous.
So perhaps we have a difference of opinion that will be resolved in due
course.
Chris
------------------------------
[ <- Message 7 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
Date: Sun, 20 Apr 1997 08:13:41 +0100
From: Mike Cattell <Mike@mikecat.demon.co.uk>
Subject: Bad news from Cheshire
In this weeks local paper I read a public notice saying that the Secretary of
State for the environment had approved (following PI) the following RUPP
reclasifications:-
7 roads, a total of 5,063 metres, reclasified as RUPP to Bridleway.
2 roads, a total of 2401 metres, reclasified as BOAT
This all took place before I was taking an interest and I do not know how
the PI went and if anyone even tried to contest the order.
Rest assured I'm now clued up a bit more and if I hear of other goings on I
shall post here staight away for advice.
I have now located the tythe and apportionment maps, finance act 1909
1910 maps, and the quarter session records for Cheshire in the record
office and a few of us are already trying to open up old roads not on the
DM or LOS. Talking on the ground has proved quite useful to.
Mike Cattell, West Cheshire.
http://www.mikecat.demon.co.uk
LandRover series 3, SWB, Diesel, 1975
------------------------------
[ <- Message 8 -> end
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]
END OF * LIST DIGEST
Input: messages 7 lines 256 [forwarded 4 whitespace 59]
Output: lines 244 [content 118 forwarded 4 (cut 0) whitespace 59]
[ First Message
| Table of Contents
| <- Digest 970420 ->
| Search
Archive Index
| <-
Browser ->
]