Path round our local quarry has been fenced off, including stiles and gate chained. I’m sure it’s private land but it is not signed as such other than fishing rights. It’s a significant local amenity that I have used for thirty years, well used by dog walkers and families feeding ducks. Is there any right to appeal on the grounds of permissive public access being unimpeded for thirty years. Fence is already removed in places. Will write to council, but wondering what approach to take or will I be pissing in the wind?!

you need to check if it is a PROW or not

it could also be an urban common which also allows access

http://www.ramblers.org.uk/go-walking/the-expert-view/rights-of-way-and-access-issues/basics-of-rights-of-way-law.aspx

In legal theory most paths become rights of way because the owner “dedicates” them to public use. In fact very few paths have been formally dedicated, but the law assumes that if the public uses a path without interference for some period of time – set by statute at 20 years – then the owner had intended to dedicate it as a right of way.

The Countryside and Rights of Way Act 2000 provides a right of access to mapped areas of mountain, moor, heath, down and registered common land be it on tracks and paths or off them. A public path that has been unused for 20 years does not cease to be public (except possibly in Scotland). The legal maxim is “once a highway, always a highway”.

Paths can also be created by agreement between local authorities and owners or by compulsory order, subject in the case of objection, to confirmation by the Secretary of State for the Environment, Food and Rural Affairs, or the Welsh Government.

Maybe try contacting the ramblers, as they are likely to have appropriate knowledge and skills to help.

Look up Town and Village Greens – Open Spaces Society web site has useful info.

The fact it involves quarry will probably have some bearing on the issue. Do you mean around the outside of it or around but inside as in I walked around M&S?
Quite possibly the owner has just woken up to the fact that he should have been preventing access on H&S grounds for all these years.
Are you talking about 1 specific route or general free access? Claiming a footpath can’t apply to general access to an area.
Your local authority will be the first place to go. Ask if any permissive status is in place. Permissive paths are generally on the principle of “I am happy to let people walk across my land but reserve the right to stop this” Common on farmland to join 2 RoW etc.

If you’ve been using it openly for that long, then you’ve got a reasonable chance of claiming rights by prescription (20 years common use)

would depend exactly what permission was given, or not, and there may be behind the scenes issues like s31 depositions

I’d say your first port of call would be local PROW department, then local ramblers assoc, and if you know some of the people who have been using it, prime them about the possibility of making statements if a claim is made

^ what ninfan said 😉

It doesn’t sound like a Right of Way, but it could be. If it is, it should be relatively straightforward to resolve, but in fairness it’s quite rare nowadays for a landowner to just remove stiles and fence the path off, so it sounds like a permissive path, especially with the fishing signs.

BTW, a Section 31 deposit is basically a statement and map from a landowner to the council to say “these are the permissive routes I’m allowing the public to use” and at year 10 then year 20 (it’s changed recently so it’s just needs one) they submit additional declaration(s) saying “there are no extra paths”. This prevents anyone from claiming other routes under the so-called ’20 year rule’. This of course removes the need to put up signs so there would be no indication to the public until the landowner goes around and removes his own stiles / gates / etc.

Another informal way – similar to a permissive path just up the road from me – would be to ‘shut’ them one day every year and photograph the signs / paclocks / etc to prevent it being claimed, so unless you happened to walk it on the day it’s ‘shut’ then you’d never know.

Interesting point too about the quarry and public safety, they’ve done this in a quarry on my patch on routes which aren’t public, but sadly a kid died there a few years ago so it’s probably been recommended by the HSE.

So yep, ring your RoW team 🙂

Another informal way – similar to a permissive path just up the road from me – would be to ‘shut’ them one day every year and photograph the signs / paclocks / etc to prevent it being claimed, so unless you happened to walk it on the day it’s ‘shut’ then you’d never know.

It’s usually Christmas day, traditionally the season of peace and good will to all men. Unless you happen to be wearing a fleece emblazoned with the landowners logo and come across a group of ramblers who refuse to acknowledge the difference between a path and a footpath, despite the key on the OS specifically stating that no public right of access may exist.

Any chance you could tell/show us where this quarry is, jonski?