I got told off earlier!!

Damn those Normans! Damn them!

You obsequious lot – really. Never a cheeky trail? never break a speed limit?

1) trespass is not a crime
2) an injunction to prevent trespass is not the same as one to prevent someone entering a premises. I agree it could be done in principle but seeing as the landowner has no right to your name and address then practically its impossible
3)As none of you have anything to back your assertions apart from the usual distortions of my position then I think the basic point stands. Thre is no crime committed, there is nothing the landowner can do bar ask you to go

I wouldn’t do this if walkers were excluded as well but if walkers are allowed on the land then there is no good reason to ban bikes thus I have no moral problem in ignoring the daft position the landowner has taken

do you think the kinder scout trespassers should have been locked up?

Nicknoxx – Member

Injunctions for repeated trespassing are rare because not many people are selfish enough to repeatedly trespass having been asked not to by the landowner.

find me any evidence of one ever having been granted in this sort of situation.

TJ, it will be difficult to find a case that exactly matches these circumstances because as I’ve said, it would be rare to find a c**t person rude enough to continue to use private property having been asked not to, however in this case a landowner was granted an injunction against a repeated trespasser.

Thats nothing like this case

So you think its acceptable for a landowner to allow walkers but not bikes on his land and are prepared to just meekly obey this when there is no harm from riding bike there and no crime committed nor sanction available.

Weird. really incomprehensible. Do you never use cheeky trails at all?

Nicknoxx – Member

TJ, it will be difficult to find a case that exactly matches these circumstances because as I’ve said, it would be rare to find a c**t person rude enough to continue to use private property having been asked not to

Reaaaaally? We’ve had threads on here where people proudly declare just that, I’m sure, and without being called c**ts.

Indeed northwind – and people who build trails on private land without the landowners permission.

Unfortunately these cases come down to the technicality of the law, rather than the spirit of the law.

If mountain bikers and walkers to were trampling over arable crops and destroying the landowners rightful usage of his land, I would hope the law would protect the landowner.

If the landowner wanted to isolate acres of land that has been in common community usage, just to demonstrate his power and wealth, I hope the law would side with the greater community.

There is a line somewhere between the two, and in England I don’t think they have got it quite as right as in Scotland.

I agree with TJ 🙂

If the OP has been doing it for years and has been asked to leave once, then in reality its unlikely hes going to bump into the chap anytime soon….so all this talk of restraining orders is pretty irrelevant…id bash on and reconsider if he asks you again

And regardless of the law, anyone who compares the OPs situation to camping out in someones front garden is just being silly and pedantic..

I agree with TP!

I agreed with TJ. If only because of the rude, agressive and pompous pillocks arguing with him.

hamishthecat – Member

I agreed with TJ. If only because of the rude, agressive and pompous pillocks arguing with him.

🙂 well thats a first people usually disagree with me on the grounds I am rude and pompous 🙂

but if the landowner asked me to leave I’d respect their decision (unless it’s FC land in which case I’d view it as fair game).

i don’t think you’ve considered the safety element – coming to a woodland near you soon

maybe if you own sufficient land that others don’t invade your privacy by accessing it or cause any harm then you have a moral duty to allow some public access?

maybe if you own sufficient land that others don’t invade your privacy by accessing it or cause any harm then you have a moral duty to allow some public access?

which is almost exactly the point that I was trying to get some of the more **** types to consider earlier..

well thats a first people usually disagree with me on the grounds I am rude and pompous

I’ve never seen you as pompous 8)

If he stops you again just say you need some proof that its his land, when he goes off to get it ride off!

Am frankly amazed at how many people here seem to be in favour of trespass laws. I’m totally with TJ on this one and also glad I live in Scotland where attitudes (and the law) are a lot more relaxed

So you think its acceptable for a landowner to allow walkers but not bikes on his land and are prepared to just meekly obey this when there is no harm from riding bike there and no crime committed nor sanction available.

Yes I do, After the party in your garden we could all crap on the lawn, I’m sorry if the concept of ownership is difficult to understand just because a piece of land is bigger than a garden how does it make it a access free for all? Just because they are willing to let a small number of people use their land doesn’t mean everyone can.

I’m sure most responsible land owners wouldn’t go as far as an injunction for repeated trespassers, a hole in the ground is much simpler and quicker……

Maybe some of these would help too

wunhundred

ScoobysM8 – Member
Am frankly amazed at how many people here seem to be in favour of trespass laws. I’m totally with TJ on this one and also glad I live in Scotland where attitudes (and the law) are a lot more relaxed.

The OP said:

I’m not wanting to start a whole thread about cheeky trails being right or wrong but is there any thing legally that he can do if we ‘accidently’ cross paths in there again?

Some of us (or me specifically!) have answered the OP’s question. Giving an answer to the question that reflects current UK law doesn’t necessarily mean that the person answering the question either agrees with the current law nor indeed abides by current law themselves. Just answering the question like… 😉

the landowner yesterday…

… still gonna ride there? 😯

Can somebody confirm that farmers are allowed to use reasonable force to remove a cyclist from a footpath?
I would have thought only a policeman or ranger could do that.

Its not uncommon for farmers in South Wales to decide to change the access laws of paths that cross their land. Homemade signs (usually No Bikes) nailed over official signs are commonly seen in the Beacons.

I’ve had similar incidents to the OP and had extremely aggressive encounters with a couple of farmers.
In all instances I was on a ROW but there was disagreement as to whether it was a footpath or bridlepath. The OS maps would disagree with him.

In all instances I’ve photographed the farmer and told him that he could do nothing but report me to an authority and continued to cross the land.
This is not to be antagonistic but often looking at the maps reveals no reasonable way round the obstruction, so I’m not going to get lost or bonk out in a remote area to appease a farmers own private law.

In short:
Can farmers legally use force to remove you from a ROW even if it is a footpath in Wales?

Yes. ( I think)

If someone is trespassing and refuses to leave the landowner can use reasonable force to remove them. Reasonable force being the minimum required effectively

However the landowner cannot change the ROW status of the paths – and the council should have both definitive maps of the paths and a rights of way officer who will deal with this sort of incident.

WOW my first thread to hit 100+ 😆

Well I rode through again yesterday evening, apologies to the folks that said I should’nt, and I did’nt see a soul, well apart from a squirrel that looked impressed when I rode a set of steps!

I have also spoken to the local ‘copper’ and he said tell the guy who confronted me to piss off 😀