assaulted by farmer over bridleway

Well said!

To put my 2p's worth in; I have lost track of the amount of bridleways that have been 'lost' in my local area, and the arguments over many, are an ongoing problem.
Over the years, bridleways that have been used for decades have been lost because land owners have blocked access and been aggressive to riders, resulting in them giving up using the tracks. After a period of time, the tracks are then re-classified because they haven't been used by horses for a set period of time, and so yet another bridleway is lost.
A local landowner is very well known for having done this for years. He has bullied and intimidated walkers and riders, who have then backed off, and as a result, has 'reclaimed' most of the 'rights of way' that cross his land, simply by claiming that they're not used any longer.

I absolutely agree that nobody has the right to cross land that doesn't belong to them, but there are two sides to the coin.
 
Actually Dubs, perhaps not in your area, but where I used to live I did a bit of research about bridleways, byways, RUPPs etc and found that in almost every situation of a bridleway being re-classified it was at the insistance of the council wanting to only allow foot pedestrians on these tracks and not horses, bicycles or vehicles.
 
Oh yes, you're quite right, there have been several cases of that too.
Our village now has footpaths on what used to be main access routes around the area in the days of the horse and cart.
As a child, there was a huge network of inter-linking bridleways, and we could go all day without ever seeing a road, but over the years, stiles have appeared on path after path, or they have been shutoff altogether.
Maybe I'm cynical, but I would imagine bridleways are more time consuming and expensive for the council to maintain...
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The thing is though, it is the landowners responsibility for the upkeep of ROW's which cross his land, not the council.
 
LOL!! The landowner can be prosecuted if he does not upkeep the ROW to a certain standard....not sure how often this would happen mind you, but he does have the duty of care to it.

The landowner also is responsible for the liability on that land too - so if you gallop your horse on someone else's land and the horse falls down a bunny-hole and you fall off and break your leg.....you can sue him!!!
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And I think you'll find that this has an awful lot to do with why farmers do not like people coming across their land.
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The thing is though, it is the landowners responsibility for the upkeep of ROW's which cross his land, not the council.

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Ah yes and no. If say a tree came down and the farmer didn't move it, and the ROW users complained to the council, the council have to then clear it they just send a slap wrist letter to the farmer who basically can get away with not keeping the ROW clear. The council will probably take months to clear it though.
 
Generally if the landowner does not clear the tree when asked to do so by the council, then yes they will send someone in to clear it and then they can charge the landowner with the costs of recovery.
 
Ah yes, they forgot to mention the charge to us. Then again the only bridle path near us the land owner is so rich he would probably prefer to pay the costs then have the hassle of sorting it out himself.
 
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And I think you'll find that this has an awful lot to do with why farmers do not like people coming across their land.
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Quite!
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Yet another shining example of how anal British law, and the 'wrap-everybody-up-in-cottonwool' brigade, spoil this country.

Tia, if you and I had any sense, we'd emigrate...
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Right again. The council impose hefty fines on landowners who do not keep their footpaths clear and free to walk. Problem is, brambles sprout from nowhere with great speed. Walking the paths to free them of any off strand of bramble would be a full time job over summer.
 
Irishcobs...


People like you are often welcomed by landowners. We let some one that drives use one of our farm access roads that links to his farm. Simply because the actual bridleway that leads away from his farm is so rutted it makes for an uncomfortable journey for him! We don't take issue with that sort of thing. Nearly every large farm around here has been converted into livery yards. Between us we could have oodles of bridleways on a permissive access. We just never do because we know for everyone that respects and appreciates the gesture, there will be another 10 who abuse it!
 
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LOL!! The landowner can be prosecuted if he does not upkeep the ROW to a certain standard....not sure how often this would happen mind you, but he does have the duty of care to it.

The landowner also is responsible for the liability on that land too - so if you gallop your horse on someone else's land and the horse falls down a bunny-hole and you fall off and break your leg.....you can sue him!!!
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And I think you'll find that this has an awful lot to do with why farmers do not like people coming across their land.
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It is EXACTLY the reason we don't like it Tia, as I pointed out in an earlier psst of mine. Dairy grazing is not short grass. Sometimes it is knee length. Ruts and holes in this type of land are disguised by the grass. This is the reason why I myself don't ride on the land. I've walked our fields...I know how rutted 150 cattle grazing in a field leaves the land. If even I choose to stay on the roads above hacking on my own farm land...that should speak volumes to others out there who see our 230 acres as off road riding chances wasted.

As for the ROW. A few years ago we had the council out after a walker had complained about one of our stiles. We're replaced it after it had fallen apart and were told it was too high from the step of the stile to climbing the fence above it and that elderly people might struggle. My father in law, pre hip-op climbed over it twice in front of them. Still didn't satisfy them and we were given a notice to comply. We had to re-build the stile.
 
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Why is he not approachable?
So you are telling me that if you knocked on his door with a crate of beer from your yard and said welcome, nice to meet you and I hope we can live harmoniously as neighbours (which includes me riding on your land) he would have been unapproachable?

Hmmmm….I am thinking that this may be a case of people on high horses (scuse the pun!)

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I have to laugh at this one, sorry! I've read to here so forgive me if I've missed anything vital.

Here, we have exactly the same situation (minus the assault though!) There is a track beside our land which has for time immorial been used as a public byway; salt was hauled from the next hill down to the canal when they had only just invented the wheel and coal was brought back and so on. The farmer was even made to move his new shippon back 5 yards as the road was being upgraded and would have come straight through his building, they even lost part of their veg' patch to the new road. On the maps it is classed as a public road; on neighbours deeds it is classed as an access for them. It actually only goes over 3 fields, 2 belong to the witch as she is called; one belongs to her son in law who's just bought the neighbouring property.
The witch originally bought a farm next door to this track, then several years later, bought the farm the track goes through. After years of using this track herself for her horses and knowing all the local people used it regularly, she suddenly closed it off to riders putting a roller in one gateway, harrows in another. We all tried talking to her, being nice, taking sweeteners, all to no avail. While it is her land it will remain closed to riders as in the 50's, when all paths were classified, it was originally noted as 'a 7 foot carriageway, now used primarily as a footpath' which is where she gets her 'rights' from even though it's been used for years. At that time (50's) horses were used mainly for hunting or working; hacking as so many do now, just wasn't known, particularly in a rural area, hence the planner's decision; the farmer, even then he was old, simply wouldn't have thought anything of it as he always welcomed everyone, whether on foot or on horse; as this woman hunts and ride over everyone else, sadly he did not see a reason to give riding rights over the land as he assumed she would carry on as normal, a fact she made very clear to him at the time of buying. He is distraught that neighbours think badly of him as things have now turned out, they don't of course, you can't blame Henry for this woman's attitude to other riders.
This woman is bad enough to even forbid a 13 year old, permission to go across one of her small fields (100 yards) to reach another bridleway which would have avoided her having to go straight out their front gate onto the A41 and this girl was away most of the time at boarding school so wouldn't have used it that much (the parents' were told her decision while they were at supper with the witch and husband just after they moved in, talk about the poisoned chalice!
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The witch also makes a point of riding over farmer's land wherever she feels like and if they tackle her just says 'but I'm not doing any harm, you don't mind, do you?' and they are so gobsmacked at the front of the woman they haven't a chance!
We have now sent into the council everything they need to grant an application which included witness accounts from back to the 40's, including the original farmer. Until that is either approved or not we have to stay off it so we're keeping our fingers crossed but they haven't helped their own cause as while rebuilding on the son in law's place, they encroached over the track; they also put an electric fence across the footpath with no gate for walkers (they must not be expected to have to do a limbo dance to get through!) so the highways are not pleased with them for not seeking permission and being very bolshy to the officials who complained, so they say our application is looking better by the minute!
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Sorry for being so long, but I had to point out, talking sweetly doesn't always work; there are others in exactly the same boat. I'm afraid it will all come down to patience once the application is in but do be as thorough as you can, the older the better; photographich evidence is good too. To start though have a word with your record office who can tell you the history of the path. Also, have you any idea who (which auctioneers) sold the property, it might be worth having a look at their details to see if the way is mentioned as anything other than a footpath.
Good luck, I do feel for you but do think you'll have to stay off otherwise it might jeoperdise any claim of yours.
 
Just to say to you landowners, I cannot believe people would have the gaul to stray away from the headlands and go OVER the fields - maybe its just me but you stick to the path or the headland, surely that goes without saying! In Spain we have a very fantastic open gate policy - no one minds if you ride on their land so long as you leave the gates as you fnd them (open or closed)
 
Oh no - I have been thinking back and feel the need to confess!!!

I think that as a kiddie I was just the type of bad-mannered rider that Tia and Patches have been talking about
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. My friend and I had permission to ride round a farmer's land, but used to take dreadful liberties with his stubble fields and non right-of-way tractor tracks
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. Also, we used to tresspass all over Forestry Commission land
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.

Would never do it now, obviously, but I should have known better at the time. General apologies directed at all those concerned, should they still care/remember/have noticed at the time!

20 lashes please
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Katie_A
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Naughty naughty...although we're not talking about children here. I've never had a problem with teenagers riding on our land. It's always been adult riders who are of the persuasion that I don't have a life if I complain!

I wouldn't worry about it, kids can't help themselves and generally wouldn't do it again if challenged. lol
 
LOL

Just to clear up any ambiguity, I meant we've never had a problem with teenage riders in that they don't come onto our land..not that we don't take issue with them.

Realised that was a bit vague.

Life's just different in this day and age. Compensation culture makes farmers too wary.
 
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Just to say to you landowners, I cannot believe people would have the gaul to stray away from the headlands and go OVER the fields - maybe its just me but you stick to the path or the headland, surely that goes without saying!

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HA HA! I wish! Some people have no respect. We have a bridleway runnig along a headland in one of our fields. Do they stick to it? Hell no they wander everywhere, and then they have the nerve to go along headlands which is clearly not a bridleway. Very annoying.
 
In answer to your original question:-

Where permission has not been granted by previous landowners you would have to show that you had been accessing across the land without force, without secrecy and without permission for an uninterupted period of 20 years to claim a right of way.

If permission has been granted verbally it may be possible for a person exercising that permission for 40 years or more to claim a right of way.

Therefore if you had been riding that route for 30 years without the permission of the landowner then you could claim a right of way.

The previous owners of the land should have disclosed this when they sold the land and it would be interesting to see the documentation regarding the sale. The new landowner may well be aware that you or others have an established right of way and is just trying it on.
 
God, I am thankful that where my parents live there are some massive fields we are allowed to ride in! The old farmer we bought our house off of used to let us ride around the edge of one of his fields, it was a good 40 mins in walk, even got to do it when there were crops - as long as we didnt go on the actual crop. And we got ot use it when it was stubble, even got to set up jumps in it as long as we cleared it away.

There is one massive field known locally as the set-aside, everyone that can get to it goes there for a gallop as its mainly uphill. The farmer doesnt mind as its only every 4/5 years they plant a crop in it. I do remember one year though that a friend and I were very VERY VERY bad, and used it as a shortcut to get to eh local estate, and we were caught in the middle of a field of barley (there were like 500 acres so we figured what the heck), just one look at that shotgun they were carrying and I have never moved so fast in my entire life, but we did kow we shouldnt have been there! Only problem was that it was blooming obvious who I was as my horse was visible in front of our house from the main road and she was bright ginger!!

We used to go up and ride around the old mental hospital compound to, but since its been bought by developers the whole area is out of bounds even once the houses are finished apparently, they downt want walkers etc up there. Which I can understand cos if i was paying 200k for a pokey flat I wouldnt want dog poop outside my door.

I do miss it out at my parents as there were also ramdom woods next to roads that had XC jumps hidden in them, ans you jsut nipped in at the bottom, had a blast up to the top and popped out again, but the land owners did know what you were doing, and as most of them had children our age they didnt mind as it was safer than the roads. There was one really great path that has long since been left to overgrow, so is too dangerous as there are bogs(proper horrible dark deep ones) plonked about, but it was a link road for a farm ages and ages ago, and most every horsey person in the area had used it at some point in their lives.
 
i havent read any of the other replies, but if its a footpath only you aren't allowed on it with horses. And if this guy is new to the farm he obviously dosent want you riding down his footpath. Imo he shouldnt have tried to pull you out of the saddle, but he is in every right to stop you riding down there as its his land and its a footpath not a bridleway.
 
Im pretty new here, but I am unlucky enough to be living and riding in an environment where there is very little off road riding and our main ride has been reclassified a public footpath. We have dogwalkers telling us every day that we should not be on this path even though there is room enough for us all and we have been ridin said path for over 20 years. In my opinion, there seems to be a lot of 'get orf my land' around these days and people cannot seem to live and let live. Even drivers on the road treat us as if we have no rights. Hacking will fast become a thing of the past very soon. No wonder so many riders and horses are killed and maimed on the roads these days......Theyre afraid to or have been prohibited from riding elsewhere!!!!
 
Rachael

Was this route a bridleway before it was down-graded?

It is very dificult to get a route downgraded especially if horse riders are using it and object to the modification order.

Please tell us more about this and where it is so that it can be investigated further by your local BHS Bridleway officer.
 
Thankyou for your response its nice to know people support me, i was very surprised by certain comments made by some suggesting i got what i deserved for riding on an unmarked bridleway! oh well just goes to show how narrow minded some people are,thanks again.
Kind Regards Mandy
 
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