Does anyone know about public right of way?

Question

In our local park there is a privately owned bowling club building. Beside it is a strip of land that the Public has used to get from 1 end og the park to the other. They have just fenced this off so it cannot be used anymore. Isn't there some rule that if a bit of land has been used as a footpath for a year and a day it becomes a Public right of way and cannot be blocked off?

Answer 1

The easement laws vary from state to state.

Answer 2

In legal theory most paths become rights of way because the owner "dedicates" them to public use. In fact very few paths have been formally dedicated, but the law assumes that if the public uses a path without interference for some period of time - set by statute at 20 years - then the owner had intended to dedicate it as a right of way.

A public path that has been unused for 20 years does not cease to be public (except in Scotland). The legal maxim is "once a highway, always a highway".

Paths can also be created by agreement between local authorities and owners or by compulsory order, subject, in the case of objection, to confirmation by the Secretary of State for the Environment, Food and Rural Affairs, or the National Assembly for Wales

Answer 3

The key phrase you're seeking is "without interruption by a full period of 20 years". It only needs to be interrupted once for the whole clock to start all over again.

It used to be the case that some of the roads over Salisbury Plain were owned by the MoD and there was a ritual in place of blocking them from time to time and telling any disinterested motorists who came along that there was no public right of way, then letting them carry on. That preserved the situation.

Answer 4

In England and Wales the current situation is set out mainly in the Highways Act 1980, the most important of whose provisions are: "Where a way over any land, other than a way of such character that the use of it by the public could not give at common law any presumption of dedication, has been actually enjoyed by the public as of right and without interruption by a full period of 20 years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to so dedicate it." i also suggest you look into your 'right to roam'

Answer 5

Not sure but it is illegal to fence it off if it is a recognised public right of way which it very probably will be

Check with the land registry or the local council and kick up a stink about it.

Not doing anything is how public rights of way are stolen from us by developers. Make their lives hard for it

Answer 6

if free passage as existed for 20 years or more then a right of way May have been created but their are exceptions but generally this is the case. once a right of way as been created it is almost impossible to it altered. the free passage must be uninterrupted. the blocking of the route by the owner starts the clock all over again

Answer 7

To add to the above answers, there are provisions now where even if it is a public right of way they can have it fenced up if it's a cause of crime (eg youths congregating there) and the council gives them permission.

Answer 8

If it's not designated a public right of way on the Definitive Map then they can close it anytime they like. You could check with your local County Council Public Rights of Way department.

Answer 9

In England? You're on the right lines but I think it's a much longer period. 21 years?

Answer 10

http://www.defra.gov.uk/wildlife-countryside/issues/public/index.htm

http://www.countryside.gov.uk/LAR/Access/rights_of_way/index.asp

http://www.opsi.gov.uk/acts/acts2000/20000037.htm