Dog walking ‘private’ land

R

rjh2832

New User
Joined
19 October 2019
Messages
2
Visit site
Me and my family have been walking our dogs down a lane in our village for years, used to play down there as kids etc. It’s basically a short woodland walk, that happens to have 3 houses right at the end. We never walk down that far, not even far enough that we can see the houses. I see many other people walking their dogs there too. I have never noticed any dog mess, litter etc. Today I was walking back up and a man drove past stopped and said ‘can you not walk your dog in my garden?’ I assumed he meant actually a garden and said I’ve never been down that far and he proceeded to tell me that the lane was his garden.
I understand if this is private property, however there are no signs, no gate, and having been doing it for 20 years with no one saying anything you can’t really blame us for not knowing! It’s the only place in the village to walk when the fields are full of sheep and cows.
I asked politely what his reasons were, if it causes any problems, and he just said it’s my garden. So no problems, basically.
Is there anything I can do to try and come to some sort of agreement? Really frustrating! He was so rude too.
 
Sandstone1 said:
Find out if it really is his garden first. Then I think there is a law that if a route has been used for so many years it can be made in too a public right of way?
Click to expand...

Not if, as I understand the OP, the route isn't linear, and doesn't lead to / from somewhere. The OP sounds as though they walk down the path but not as far as the houses, and turn back.
 
JFTD-WS said:
Not if, as I understand the OP, the route isn't linear, and doesn't lead to / from somewhere. The OP sounds as though they walk down the path but not as far as the houses, and turn back.
Click to expand...
I don't know to be honest but it doesn't say on the site I linked that it has to be linear.
Maybe someone new has bought a home their and doesn't like people walking there
 
I'd wonder if he's recently moved in to one of the houses. I'd say it's a stretch to call it his garden if it's a shared private road/drive. I live on a private road and don't mind dog walkers, cyclists etc.
Anyway I'd find out if it really is private and then if it is unfortunately admit defeat and walk elsewhere.
 
Think best would be to check with your Local Authority Rights of Way dept just to be sure.

Also, what do the Ordnance Survey maps say??

IF this has been an "unofficial" Right of Way for more than a certain time, then you need to get evidence of this from other people who've used the track over a timespan of years, IF you want to defend the right to use it.

But whatever, I think you need to be armed with more information; so I think maps and your local County Hall ROW Dept will need to be your first port-of-call TBH.
 
There was an interesting thread a while back about whether a route was open to horses. The farmer had locked the access gate. The OP went on to get it reopened - there was a lot of rights of way info on the thread. Anyone remember it? I’ve done a search and can’t find it.

ETA Rights of way can sometimes be dead ends.
 
Last edited:
JFTD-WS said:
If it's his land, you're trespassing - assuming you're in England - he can be as rude as he wants. The lack of signs or a gate does not make it public access, it's your responsibility to check whether it's a PROW before you use it.
Click to expand...

If it’s a lane with no signage then most people would think it wasn’t private but an adopted road and perfectly ok to walk on. In my experience any private lane is usually marked private quite obviously. Also I don’t think there is any need to be rude especially if there is no signage.
 
bonny said:
Not a popular view on here but if it’s a lane you’ve been walking on for 20 years then I would continue. He sounds ridiculous and stopping because he is rude is just being bullied.
Click to expand...

So would I to be honest 🤷🏻‍♀️
 
If you know which house is his, you could contact the Land Registry to buy an Office copy of his title plan and establish whether it is actually part of his property.
If you don't, you could do an Index Map search but it is hard to do on line without a specific address, you might have to end them a plan or call in person at one of the offices.
And then check with your county councils definitive map to see whether it is already a public right of way.
If none of that throws up an answer for you, the Ramblers might be able to help with the process of establishing a right of way, obtaining evidence etc
Wouldn't it be great to confront him with a legal position not in his favour??? (BTW, I do hope you all poo pick so you don't give him real cause for complaint)

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06026
 
Having owned one property with a right of way running down the driveway (fair enough) into some Forestry Commission land, and suffered loads of people thinking that this gave them the right to let their dogs run loose in my fields on either side and put them in my water troughs to wash the mud off them, and then owned another property which was totally private but had a long driveway which certain people felt they had a right to walk up and down, I have some sympathy with the bloke, if indeed the land is private.

I imagine the OP was in the wrong place (possibly literally) at the wrong time, and the residents are pretty fed up with dog walkers using their private lane as a public amenity, and the bloke found himself with someone to give off to.

Either this route is a PROW (it doesn't sound like it), or it isn't, in which case nobody should be walking on it without permission.
 
Rowreach said:
Having owned one property with a right of way running down the driveway (fair enough) into some Forestry Commission land, and suffered loads of people thinking that this gave them the right to let their dogs run loose in my fields on either side and put them in my water troughs to wash the mud off them, and then owned another property which was totally private but had a long driveway which certain people felt they had a right to walk up and down, I have some sympathy with the bloke, if indeed the land is private.

I imagine the OP was in the wrong place (possibly literally) at the wrong time, and the residents are pretty fed up with dog walkers using their private lane as a public amenity, and the bloke found himself with someone to give off to.

Either this route is a PROW (it doesn't sound like it), or it isn't, in which case nobody should be walking on it without permission.
Click to expand...

I understand that but there’s no fields or troughs it’s literally just a very bumpy road with woodland on each side!
 
In my last village we had water meadows on the edge, flooded in winter and cut for hay in summer with what had been a farm track that even the oldest villager at 92 could remember using. The kids played down there, people walked their dogs and kept an eye on the sheep that grazed after the hay was cut.
So this peaceful co existence had gone on as long as people could remember. Then someone buys a field for a shooting syndicate and the notices go up keep out.Its close enough to the village to hear them shooting, they add nothing but want to takes stuff away. A footpath runs along its length so I think they have a fat chance of keeping people out. They have spent a lot of money on trouble.
 
JillA said:
If none of that throws up an answer for you, the Ramblers might be able to help with the process of establishing a right of way, obtaining evidence etc
Wouldn't it be great to confront him with a legal position not in his favour??? (BTW, I do hope you all poo pick so you don't give him real cause for complaint)

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06026
Click to expand...

^^^ Getting the Ramblers Association on to a ROW problem might just mean success as these people are used to getting their own way and won't take no for an answer!

Years ago I remember a rather volatile local farmer around my area had a footpath which went across his land, to which he raised objections on a regular basis, and particularly when some errant walker strayed across his land.

Unfortunately one day he decided to get irate and huff and puff like a Chinese dragon at a group of women walkers on a "ramble", who, yep you've guessed it, were members of the Ramblers Association.

It was a good few years back now, but if my memory serves me correct, he was dragged kicking and screaming in front of a Magistrates court and Bound Over to Keep the Peace, I think that was the edict. The Ramblers Association were, I remember, very vocal in defending the "rights" of walkers to use this path! Whereas, conversely & unfortunately - we all know that if it had been a Bridle Path and the BHS were involved, it would be very likely that nothing would have been done. But the Ramblers seem to get stuff done!

IF this is indeed a bona fide path, or even something that has been in existence a long time and/or walkers (like the Ramblers) have been using it over a good few years, OP could save themselves a lot of time and trouble by getting the Ramblers hot under the collar about this........... and let them sort it!
 
You must log in or register to reply here.
Top