Viewing 40 posts - 1 through 40 (of 94 total)
  • Barbwire above a gate. Illegal?
  • wrightyson
    Free Member

    So the jumped up little t wat nimby who owns a bit of field where we do a regular loop has decided to put three rows of barb wire between the gate posts of a certain gate, actually above the gate though.
    One of “the lads” who rides with us sometimes claims this is illegal. Can’t see it myself. Any thoughts?

    jam-bo
    Full Member

    Is it blocking a right of way?

    whatnobeer
    Free Member

    Could be if it’s dangerous or blocks horses and riders from getting through? I was under the impression farmers were meant to avoid using barbed wire on public ROW but didn’t think it was illegal.

    Greybeard
    Free Member

    If it’s a right of way (footpath or bridleway) I believe it’s illegal. But if not, it sounds like normal practice.

    project
    Free Member

    Barbed wire can be a particular hazard to PROW users and is not acceptable on or near a public right of way if it is likely to be injurious to persons or animals using the highway. This is especially important on bridleways where horses need space to safely pass each other and to turn when going through gates.

    dobo
    Free Member

    plenty of barbwire fences running alongside bridleways, admitedley not seen it on gates though.
    in anycase if its his field and gate i suspect can do that.

    ofoster1981
    Free Member

    No idea – is carrying a pair of suitable of snips illegal.

    wrightyson
    Free Member

    Two normal gates side by side. One using the post as a hinge and the other as the lock side. Left hand one true row with a stile over. We no longer come up the footpath anymore due to him filming us etc and generally being a one way ticket to a police visit. So we cut up through a field off the road just before the footpath entrance. He’s even gone to the trouble of putting up an electric fence which is wired to the offending gate.

    pjt201
    Free Member

    so you’re riding on private land without permission and you’re upset about the landowner taking action to make this difficult for you?

    ernie_lynch
    Free Member

    If using barbed wire was illegal I don’t think they would be selling it in Screwfix.

    Cougar
    Full Member

    Screwfix sell nail guns, doesn’t make it legal to shoot people in the face with one.

    Junkyard
    Free Member

    they sell hammers so I must not be able to commit a crime with one of those either.

    suburbanreuben
    Free Member

    We no longer come up the footpath anymore due to him filming us etc and generally being a one way ticket to a police visit.

    Why would that warrant a police visit? It’s none of their business.

    spooky_b329
    Full Member

    I don’t think you are meant to have barbed wire on the top edge of the fence along a bridleway, I.e it’s OK for the bottom/middle wires but not the top.

    But footpath riding is meant to be stealthy/harmless so if you are upsetting someone, however arrogant they are you should just accept its not meant to be in my opinion!

    ernie_lynch
    Free Member

    Screwfix sell nail guns, doesn’t make it legal to shoot people in the face with one.

    they sell hammers so I must not be able to commit a crime with one of those either.

    I’m sorry I can’t see the bit where the OP claims to have been attacked with some barbed wire.

    I understood that question being asked was whether the use of barbed wire on private land was legal.

    wrightyson
    Free Member

    No, the bit he’s protecting is the bit with footpath on, he doesn’t own the field we ride across. He’s making it difficult to access his bit of land via the non footpath way. The footpath bit we used to use is un rideable unless going down it (no point really) and even then you’d need to be peaty on a very good day. He would come flying out if he caught you on the footpath but as you can’t actually ride you are breaking no law by carrying or pushing your bike.
    We started using the field access to avoid him. I don’t like people like him and I find it much better for my own freedom to avoid at all costs.
    As I said op wise, just wondered on the legalities of barbwire as personally I thought you could use it if you wanted.

    chewkw
    Free Member

    FFS! Next time could you just take a picture of it as I am trying very hard to image what it looks like. Surely you have a smart phone with you etc … yes? 😯

    ernie_lynch
    Free Member

    the bit he’s protecting is the bit with footpath on

    In think the rule is that if it’s a public footpath you generally not allowed to “protect it” with anything, not just barbed wire.

    nealglover
    Free Member

    He’s making it difficult to access his bit of land via the non footpath way.

    So he’s stopping you accessing his land from a place that’s not a public right of way then ?

    Seems fair enough doesn’t it ?

    mattsccm
    Free Member

    This is confusing. Is he fencing you out of a legal RoW? Sounds as if its you in the wrong to be honest but maybe its a poor description.
    Personal views aside you shouldn’t be there as there is not reference to Bridleways. Walking is legitimate of course. Using private land ie the field is where you are going wrong.
    Strikes me that you would be best avoiding the area if you are scared of the bloke and most definitely not be advertising the naughty use of private land.

    wrightyson
    Free Member

    Yeah but I still don’t know how to post pictures!
    Two fields running side by side, wall inbetween. Top of fields, gates side by side, one on right of field (his) other on left of field (nice farmer man). He then owns the small field beyond the two gates. We need to get 20 metres across field back in to woody adventure land.
    Get me?

    keng38
    Free Member

    Doorstep, dog sh1t, paper bag, matches, find somewhere else to ride.

    chambord
    Free Member

    Get me?

    Yes but I have no idea whether its illegal or not. Sounds like it would be easiest if you just used the footpath and ignored the angry man though.

    nealglover
    Free Member

    Yeah but I still don’t know how to post pictures!
    Two fields running side by side, wall inbetween. Top of fields, gates side by side, one on right of field (his) other on left of field (nice farmer man). He then owns the small field beyond the two gates. We need to get 20 metres across field back in to woody adventure land.
    Get me?

    Not really.

    Is he blocking a right of way ?

    If he’s not, then he’s probably ok and you are in the wrong.

    mikewsmith
    Free Member

    Find another way in? Whats the legal status of the trails in the woods? But your repeated use of footpath and bikes make me sound like your are just shoving 2 fingers up to him repeatidly when you have been asked to stop.

    aracer
    Free Member

    As (amongst most of the stuff on this thread) you haven’t clarified, did you really get a visit from the police for being on a FP with a bike? What did they say to you?

    konabunny
    Free Member

    We need to get 20 metres across field back in to woody adventure land.
    Get me?

    can you go thru that 20 metres of field using a right of way or only be trespassing?

    schnor
    Free Member

    I’m still not sure if the barbed wire is on a gate across a RoW. Is it a Bridleway? If so the gate should be easy to use, or a bridle gate to the side / etc. If it’s a FP then you probably know you shouldn’t be using it.

    If it’s not a RoW then he put it specifically to stop people trespassing.

    martib
    Full Member

    Most local council websites have links or maps of Rights of Way or CRoW land, if he is obstructing one then you can usually report it to a RoW officer at the council.
    If however this is not a RoW then the farmer can do what he likes to stop people trespassing on his land, the same as you can stop people wandering through your back garden. If he has asked you to leave and you continue, you could be done with aggravated trespass.
    If it is a RoW but only a footpath, you could walk the bikes along it, then the farmer has no grounds for complaint.
    If it is not a RoW you could try dialogue with said farmer and come to a mutual agreement, you never know it might just work. 😉

    PS – I also believe that if a RoW is obstructed, you are legally allowed to remove the obstruction. I think I read that on the CTC website, may be an idea to have a look.

    Del
    Full Member

    does he own the land the FP is on? if not, just use it and tell him to F O.
    if he’s not the land owner or their representative then it is no business of his what you do. you will not get a visit from the police, it is a civil matter, and they won’t be interested.
    a footpath designation does not mean you’re not allowed to ride there, it means that your right to ride there is not enshrined in law, so unless ‘no cycling’ signs are posted by the landowners, or you are told otherwise by the landowner or their representative, you can do WTF you want.

    wilsonthecat
    Free Member

    Bolehill near Wirksworth any chance? The owner has a hissyfit every time you go near it. Solution – I stopped using it

    Junkyard
    Free Member

    I’m sorry I can’t see the bit where the OP claims to have been attacked with some barbed wire.

    Obtuse as ever ernie.

    I understood that question being asked was whether the use of barbed wire on private land was legal.

    I think it was more can you put it somewhere where it is likely to injure people but you know that

    Agree the OP is being so vague no one can answer

    Milkie
    Free Member

    It doesn’t take much for us to be confused.. But then the OP ignoring certain questions doesn’t help either..

    No RoW, no access.

    Google Maps of the area in question?

    chvck
    Free Member

    Google Maps of the area in question?

    Bing maps in OS map mode might be more useful 🙂

    jambalaya
    Free Member

    Sounds to me like he’s protecting his land from trespassers.

    It’s clear he’s not being very sociable and I can’t see what harm a few MTB-ers would cause but if it’s his land and there is no public ROW he’s entitled to secure his property.

    Why don’t you follow the original route and just push you bike up the footpath.

    wrightyson
    Free Member

    wilsonthecat – Member
    Bolehill near Wirksworth any chance? The owner has a hissyfit every time you go near it. Solution – I stopped using it
    POSTED 26 MINUTES AGO # REPORT-POST

    Yep that’s the one.

    The misery owns the two fields the footpath runs on. We no longer use this route. We try to access the last 20 m of said footpath via another gate which he also owns and has now “Steve mcqueened” with barbwire.

    With reference to the police said man accused me of being threatening during one altercation. Hence avoiding him since.

    Cougar
    Full Member

    Just to avoid confusion,

    This is barbed wire:

    And this is barb wire:

    HTH.

    hora
    Free Member

    I guess the barbwire is to discourage/stop you lifting a bike over? Nice.

    Would love to speak to the Landowner but it looks miles out from where I normally ride.

    Del
    Full Member

    perfectly within his rights then.

    wilsonthecat
    Free Member

    Yep that’s the one.

    The misery owns the two fields the footpath runs on. We no longer use this route. We try to access the last 20 m of said footpath via another gate which he also owns and has now “Steve mcqueened” with barbwire.

    With reference to the police said man accused me of being threatening during one altercation. Hence avoiding him since.

    His is indeed a cantankerous old git! I gave up on that part and now just loop round to Blackrock via the car park and climb up. Alternatively before you drop down the hill to the gate in question there is a farm track which takes you to the bottom of the Bull descent on Blackrock itself.

    hora – Member
    I guess the barbwire is to discourage/stop you lifting a bike over? Nice.

    Would love to speak to the Landowner but it looks miles out from where I normally ride.

    POSTED 4 MINUTES AGO # REPORT-POST

    Calm down Rambo

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