A private public footpath!

ColinJ

Okay, it's not about cycling but in the current conditions I'm spending more time walking than cycling...

I was out for a stroll in the Calder Valley recently and came across a footpath that I'd never used before. It goes up a hillside that I'd like access to, but unfortunately the path in question has a guardian...! :shock:

Here's my blog post about this private public footpath.

There are other paths round here that go through people's gardens and they are quite friendly as you pass through. (I admit that it does feel a bit strange the first couple of times that you walk past a stranger tending her roses!)

I've had problems on stretches of bridleway where the locals feel that access rights have gone too far. Not so much "Gerroff my land!" as "Gerroff our land!" :evil:

roger_merriman

to the best of my knowledge what he's doing is illegal. i'd be contacting the council like you say the path would of existed before the house.

schlepcycling

Could the homeowner not just be warning walkers to be aware that there may be a dog in the garden?. There's nothing I can see that explicitly says 'keep out' or 'private'.

ColinJ

schlepcycling wrote:

Could the homeowner not just be warning walkers to be aware that there may be a dog in the garden?. There's nothing I can see that explicitly says 'keep out' or 'private'.

It's not what he is saying explicitly that worries me... it's the implicit warning that I might become a tasty treat for fido!

Mayniac

Isn't this subject to the Occopiers Liability Act? If you are on a public footpath, then although you have not been invited onto the premises, your presence is lawful. The landowner/occupier/person in control of said premises not only has a duty to warn you of any hazard, but also to take reasonable steps to prevent you from coming to harm. If you were attacked by his mutt as a result of (lawfully) being on the footpath, he could be liable to civil prosecution. Perhaps any lawyers on here could confirm this?

Looks to me like he doesn't like having the fp across his land so tries to deter folks from using it

holmeboy

Get you're self a gun! and a big sign saying;- "If I see any big threatening dogs on this public right of way I will shoot it!" You should be ok giving prior notice same as sign writer! :oops:

Harry B

Mayniac wrote:

Isn't this subject to the Occopiers Liability Act? If you are on a public footpath, then although you have not been invited onto the premises, your presence is lawful. The landowner/occupier/person in control of said premises not only has a duty to warn you of any hazard, but also to take reasonable steps to prevent you from coming to harm. If you were attacked by his mutt as a result of (lawfully) being on the footpath, he could be liable to civil prosecution. Perhaps any lawyers on here could confirm this?

Looks to me like he doesn't like having the fp across his land so tries to deter folks from using it

Yes It wouldn't be a prosection but would give right of action to recover damages for the loss (i.e. pain and suffering, loss of aminity etc).

I think he is able to put the gate there so long as it's not locked. The issue is the dog. If it's under control I think you may have a problem.The situation is not dissimilar to farm aninmals being in a feed which has a right of way across it. I think there are rules about bulls but I've been chased by cows and I'm not aware of any rules about them.

As others have said the rights of way officer is probably your best bet

Red Rock

As far as I see it he's breaking the law by using intimidation (as a form of obstruction) to prevent members of the public accessing a legal right of way. Contact the local council and complain. Also, he's claiming to have a German Shephard dog running loose on a public footpath, which maybe a matter for the Police. If he does have the dog he claims then I'm guessing he'd be legally required to make the footpath safe, by fencing the area off from his property.

Spen is probably the best person to give advice on this one

Red Rock.

FAT_ROB

The landowner has a legal obligation to provide access along any footpath, bridalway or other right of passageway across their property boundary, Gates fences can be errected across this as long as access is maintained (Gate, style etc.

A dog can be loose of private land, the land the footpath goes over is still private land, with a public right of way, he therefore must warn about the possibility of a loose dog. If his dog were to attack a person he would be liable for damage, injury etc. Likewise if you fell over upon his path becasue it was not maintained he would also be liable for your injury.

I used to live on a farm, A path used to run directly behind our house across the side of a bank. This became dangerously erroded so we decided to divert the path (away from the house and bank. The rambling society kicked up a fuss for some reason even though the 'new path' was much better for the environment and was still a 'wild path' we ended up in a legal wrangle with them and the highways agency about who was going to pay to reinstate the path... surprise surpirse no one wanted to pay and after much too ing and froing the path was diverted.

Monty Dog

You could also quote the dangerous dog act.

ColinJ

FAT_ROB wrote:

A dog can be loose of private land, the land the footpath goes over is still private land, with a public right of way, he therefore must warn about the possibility of a loose dog. If his dog were to attack a person he would be liable for damage, injury etc.

You may well be right, but the mere threat of a German Shepherd dog on the loose trying to assert its territorial rights is enough to put me off asserting my right to walk there! Being able to take the dog owner to court if I get savaged isn't really high on my list of priorities.

To be honest, I've walked past that garden many times and have never seen or heard a dog there, even when dogs are barking in neighbouring gardens. I don't know if the dog actually exists - it may just be a ploy to put walkers off (it's working with me!).

FAT_ROB

GSD's very cunning dogs - why bark to warn you...!!!!!

Tom Butcher

Haven't you got a mate with a Staffy you could offer to walk for him ?