Wigan landowner illegally closes a Public Right of Way 

Thank you very much for addressing this. I find it really interesting vs the laws over here. Much appreciated!

Landowners are vastly outnumbered by trespassers and walkers. The law is that if people trespass without being challenged for twenty years or thirty years or forty years a public right of way may be created. If the landowner has registered the fact that they don't want a right of way over their land a new public right of way cannot be created, but all landowners, from homeowner to extensive estate owner, have first to know that the law exists, and then must pay the council around £550 to ask the local council to record that they don't want any new rights of way of the particular type they wish to protect their land from being given. If evidence is produced and accepted by local councillors of there having been a right of way created at any time in the past then it exists unless local councillors agree to remove it. As trespassers always have more votes than landowners the balance of power is always skewed in favour of the trespasser. Landowners are left dog muck, litter, dumped material, damaged fences and gates and a complete loss of security. My local highways department behaved illegally and I reported them to the police who took action against them but didn't take the officers involved to court. Government departments are treated more leniently under the law as they are expected to behave within the law and have a duty to maintain the public highways which the community relies on. Private prosecutions require solicitors costs to be paid which gives council officers additional protection as the council has their own set of lawyers. That a path is shown on an ordnance survey map simply indicated the presence of a path. Paths are created by deer and rabbits and trespassers. They are also created by landowners using their land. They are not a public right of way. The local council is required to register public rights of way and the Definitive Map is the relevant record. Council officers 'protecting the public' rights' behave in a high handed and dishonest way when doing so. The Defintive Map, which is not electronic, must be made available to view by everyone. The local council makes the new maps and the ordnance survey use that information to make new maps. Those records are held electronically and no record is kept of changes made unlike the old paper maps. The Ordnance Survey simply overwrite the map with new information. Council officers behave illegally with no traceable record of their illegal behaviour unless an individual records and stores the online electronic record periodically.

Thank you for doing this where others can't be bothered, good on yer matee👍

Another nasty trick I've seen landowners (particularly on the South Downs in East Sussex) is to put an aggressive bull in the field with the PRoW, luckily many members of the local rambler's association work at the county council and so they take that kind of thing seriously ... So when 1 particular farmer drops a bull in the field with the footpath, the council makes him put a temporary mesh fence along the footpath with electric fencing on the bull's side! But yeah, folks need to be aware that large farm animals can be used to dissuade people from using PRoWs!

I’ve got a video of this little area on my latest upload - the gate is open I use this route a lot a it was open last time I was there - the video is the Standish Circular Walk Twenty Bridges

Nice one Mr H, look forwards to your update .

There is no limitation of time regarding usage of a path making it a right of way. If an owner puts up a sign saying private, at any time, then it would be very difficult to get it registered as a PROW.

That particular farm have never been public friendly, even back in the early 90’s the farmer there made it clear you wasn’t welcome, if you dared drive past the main house on old moped/field bike he’d go berserk and instruct his dogs to give chase lol. Plenty of other local lads have had run ins with that farm too!

Just cut the wire holding the gate closed. Personally I wouldn't cut the fencing. That said your right to report it.

Good video mate and it is ridiculous for the landowner to do what they have done. Whilst I do agree with you about signs overkill I do sometimes think they have every right to remind people of stuff as some people, not all, but some are disrespectful of the land. Don't drop litter, stay to the footpath, keep dogs on leads (in fields with farm animals) are pretty reasonable requests in my view, yet often you see people ignoring them. Hence why sometimes on walks you can see whole left over picnics just dumped because people are too lazy to take their litter away or reports of sheep being killed by some people who couldn't be bothered putting a dog on a lead whilst they walk through a certain field. I totally agree with you, and in this case the landlord is in the wrong for closing the footpath. Not saying this is the case here, but it must be frustrating for some landlords when they are faced with a minority of people using their land in disrespectful way. You definitely have done the right thing to report this and will be interesting to see the outcome 👍

Great that Roy. This has happened a lot in Aspull where I live and I have wondered how they get away with it so thanks for enlightening me. Don’t forget Aspull pumping pit when weather improves.

Brilliant video. This needs saying and you said it very well in all details.

Nice one Mr H Thank you for caring enough to take action. 👍👏

I’d really like to know more about the history of public rights of way in England, where I live in teesside, there’s loads of random ones dotted about and I often wonder why they are there. There’s nothing in the area at times.

The signs I understand, I have a footpath next to my field and have trouble with people allowing their dogs to come across the field with no care of injury to their dog or my animals. Also have had issues with people feeding my horses. So the signs about dogs on leads and not feeding horses is fair enough. With the instance of dogs worrying livestock going up and the reports of horses being injured increasing. I've even had someone stick bubblegum in a horses mane! Sometimes you have to remind people of the obvious. It is not right that the gate is inaccessible. I expect they have had problems with people not shutting the gates properly but that's why kissing gate were invented or springs and self locking catches.

Here’s the 5 things I know landowners do to remove public access illegally: 1) They will place large machinery or obstructions like farm equipment or blocks in paths or in front of the entrances, so that you can’t get down them easily or might think it’s not a pathway if you’re not well informed. 2) Letting the sign posts fall into disrepair.They will do this by simply letting nature take its toll, doing no action of their own on the signposts,markers, or posts.This is very common, and really works when they don’t use the bright modern pathway signs.Eventually the pathway signs will become unreadable and the words lost, so people will not spot the pathway entrances and turns from the road or when out walking or cycling, making it much harder to spot the pathways. 3) In the case of wood and field paths, particularly when the path goes through farmfields, not keeping the path visible.This can happen when the farmers laying seeds or ploughing, and also when going along tramlines.This renders the paths impossible to make out, very narrow if still existing at all, making it look like a animal trail not footpath, keeping bikers out by result, and putting people off as now it makes it very easy for the landowner to call you a trespasser and call police, since you will not be able to keep to the path as you can no longer see it and so may cause damage to crops as well, since another trick they use is putting seeds on path so they grow in middle, further making it near impossible to use.In woodland case, letting plant growth and any blockage from trees happen.Such as plants growing into the path, narrowijg more and more, and then if a fallen tree happens not clearing it, simply letting it stay, and continue blocking it.Since you cannot prove it’s to block the pathway deliberately, as fallen trees are natural the landowner has technically done nothing wrong.Had this happen today. 4) Putting gates up.They’ll fence or gate entrances and exits, or even sections along trail, making it look private and less accessible.If you have a bike it’s not fun to have to lift bike over.More common out in rural areas where police are less numerous. 5) Having things planted where they join the roads, like hedgerows and ditches , blocking any access to road and from road.Also not letting the signposts be put up here, by technicality the footpath does not terminate or begin there.

Good evening Mr H and a very happy New Year to you and yours . Nice work there as always . As a keen walker myself this kind of thing should indeed be reported to the relevant department . Would you believe there was actually a more sinister example of this kind of thing in the Lake District a few years back , where a net was strung across a river to prevent canoes & kayaks from using this particular stretch . Had the deliberate obstruction not been discovered , the consequences of such a stupid action could have been fatal in a worse case scenario . I look forward to the update on this video . All the best Roy .

House building company deliberately blocked a right of way near me impeding me and my doggies progress I therfore had to imliment rule 10. This involves my right boot and in less than 5 minutes were back to it. Andy England 🇬🇧👍

Its been 2 years. Has it been made available to the public again?

Great video mr h I do a lot of walking think we’ve come across gates like that before a few times and no what you mean about the signs look forward to the update

They stopped people walking up to tandle hills in oldham through public right of ways near farms in oldham back in the 90s nothing was done as oldham council are not good.

Epic video mr and mrs H , stay well mate cheers uncle pap.

Hello Mr H my name is Clive and i have a farm on Toogood lane and i was wondering if you would like to come do a video on my Land we are full of history from the civil war and such as you can tell with the road name.

Mr H, can you do a tour of locations from "Spring and Port Wine"

One day the land will be a shared asset for the people.

Delaying tackticks not feeding horses i could agree with if horse is on a special diet ie under the vet.

Mr H did you Know an old rule of a public footpath is the minimum width of path is 4 men carrying a coffin in other words about 5 feet. we have one on my farm enough said there lol. Also mr H we to have the right to roam in this country too so my dad say's and i tend to agree with him to , Because i think i heard it in passing with the legal side off things when constructing our Farm ride for horses , i was wodering if you could give a shout on your show and plug my farm ride please and also like i mentioned in my previous comment we are very rich in local history here at the back end of Wrightingtomn and i am quite up on it .

Hi Mr H, I live in Rossendale and we have a few Farmer/landowners who are a pain in the bum, unpleasant people who seem to go out of their way to confront anyone going about their rightful business, it feels like that film "the gauntlet". One thing I do find odd and I have seen the same thing myself, is the "don't drop litter signs" personally I have never come across a rambler that does this! Like you say Mr H when you come across this sort of thing, you know your not welcome.

I am waiting for the update on this one, unless I missed something?

It’s grim up north

have you gone back to that yeet

I don't agree with littering in the countryside

@Mr H's Hot Pot cheers. Can i ask you if you like to join a Q&A Live stream. me and my viewers ask you question about you and other to get to know

What part of wigan are you from Mr h

I had lobby today

I've just forwarded your video to the landowner....via WhatsApp...he's opened it. (Video) I know the full story....not about the gate...but the use of the footpath.

You must be mad to be wasting money on one of them drones Roy, Im just back from New Zealand and if you are in any scenic places, you have loads of daft folk flying drones around.

agree same happ to day

Ged orf moy laaaaaand!

No need to walk you can drive up to see if the footpath is blocked at the other end. Fair play to who cut the fence I'd do the same a "dose of their own medicine".

Putting up signs every 10 yards saying "don't drop litter" is in itself a form of littering

No such a law in Scotland as trespass unless you damage crops

Lol

www.legislation.gov.uk/ukpga/1980/66/contents There are mutiple Acts of Parliament and case law translates those acts when matters go before a court, however the link is to the 1980 Highways Act and is part of the relevant legislation.