Rights of Way legis...
 

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[Closed] Rights of Way legislation, specifically 'Access Land'

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Decades ago a piece of land next to a Right of Way was privately owned. It has now become 'Access Land' according to the map and an official footpath was made. The land looks neglected and overgrown but now has some cattle in it evidenced by a fresh cowpat plus loads of older ones.

Being a cynical type I mused that perhaps the owner of the land agreed to this/was happy to take money with the proviso that it must contain livestock. A racing stable is at the bottom reached by this footpath and, let's be honest, why would you want to see folk picnicking and enjoying the view? How clever to put cattle in there to frighten off the hoi polloi. 😐

So how does this 'Access Land' work then?


 
Posted : 12/09/2016 3:15 pm
 scud
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Isn't Access Land different to actual rights of way like a designated footpath or bridleway though?

Here in Norfolk, many of the farmers are forced to not cultivate the first 10-12ft on the edges of some fields to allow people access down the side of the field so they aren't walking on unlit roads with pavements either side, so financially they are losing out. They probably put cows in there as it is their land and they intended it to be a field for livestock?

Many of the fields around me have corn or similar rotated with pigs, it's much nicer walking down the field edge when its a crop!


 
Posted : 12/09/2016 3:20 pm
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I dunno, but the whole of Scotland is "access land" and there are coos everywhere! 🙂

I didn't think that being "access land" meant it changed ownership or purpose - but then my knowledge of your quaint access laws is poor.


 
Posted : 12/09/2016 3:21 pm
Posts: 17834
Topic starter
 

scud - yes there is a difference but I'm suspicious about this as there's no benefit to the public apart from staying on the footpath that leads to their business which is on a permissive path I think.

scotroutes - they're not quaint access laws, they tend to benefit one person namely the landowner.


 
Posted : 12/09/2016 3:48 pm
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No idea what you're getting at, you trying to say that the outdoors should be for human use not animal?

Lots of people happily picnic in areas with livestock.


 
Posted : 12/09/2016 3:55 pm
 scud
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CG, I would suspect from what you have said that the land became access land by way of status as registered common,(very possibly even due to being a segment of manorial waste)

You can check via www.magic.gov.uk and looking in the access layer.


 
Posted : 12/09/2016 4:04 pm
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So previously you had no rights whatsoever to picnic/enjoy the view away from the ROW, now you do. Perhaps the livestock are there to clear the overgrown ground, but the landowner can do as he pleases, frankly. I'm not aware that landowners are paid anything if their land is made access land.


 
Posted : 12/09/2016 4:04 pm
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In England and Wales, Access Land is designated under the [url= https://en.wikipedia.org/wiki/Countryside_and_Rights_of_Way_Act_2000 ]Countryside and Rights of Way Act 2000[/url]. It's more restricted than the Scottish Land Reform Act; in particular you can walk over Access Land but not cycle. I'm not aware that the landowner gets any particular benefit from it being designated, but I may be wrong.


 
Posted : 12/09/2016 4:14 pm
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Hi C-g, as far as I was aware, access land means you can wander where you like, i.e., you don't have to stick to the path...

A number of conditions are attached though;

[i]The CROW Act has a list of ‘general restrictions’ that limit what people using their open access rights may do, unless you give them permission to do something on the list, [u]or the right to do something already exists.
[/u]
They can’t:
•ride a horse or bicycle
•drive a vehicle (unless it is an invalid carriage)
•bring an animal, other than a dog
•camp
•play organised games
•hang-glide or paraglide
•use a metal detector

•run commercial activities on the land such as:
•trade or sell
•charge other visitors for things they do on your land
•film, photograph or make maps

•remove, damage, or destroy any plant, shrub, tree or root with intent
•light, cause or risk a fire
•damage hedges, fences, walls, crops or anything else on the land
•leave gates open, that are not propped or fastened open
•leave litter
•disturb livestock, wildlife or habitats with intent
•post any notices
•commit any criminal offence[/i]

So we should only be riding on bridleways... 😉


 
Posted : 12/09/2016 4:25 pm
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Just to be clear on that - "they can't" should technically read "they don't have a right to"

And the right [b]can[/b] be further extended to cycles or horseriders by the landowner


 
Posted : 12/09/2016 4:28 pm
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Lots of people happily picnic in areas with livestock

Exactly some however find a way to piss and moan about anything.


 
Posted : 12/09/2016 4:32 pm
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Yes, sounds like it's Common land (as opposed to land designated as heather, moor, heath and downland). It's common for farmers to introduce cattle to rough land as they graze it down and eventually improve it.

No money is given to the landowner for owning / managing CROW land. It's not guaranteed that you can actually walk on every square meter of CROW land, although since 2005 your Rights of Way department should by now have surveyed it all and have an idea of its condition, and by them adding an 'access to access land' path they've more than likely classified it as, words to the effect of, "you can't walk everywhere on it but you can at least walk across it to get somewhere interesting"


 
Posted : 12/09/2016 4:36 pm
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A racing stable is at the bottom reached by this footpath and, let's be honest, why would you want to see folk picnicking and enjoying the view? How clever to put cattle in there to frighten off the hoi polloi.

Quite an assumption there CG....

Possibility of something totally innocent going on?


 
Posted : 12/09/2016 4:39 pm
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C-g, if you'd like to come out to play in the Access land near me, you would be most welcome. You'll have to drink beer though!


 
Posted : 12/09/2016 4:44 pm
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Thank heaven's for the Right to Roam that we have north of the border.


 
Posted : 12/09/2016 5:50 pm

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