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Private Right Of Way Signage

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motorbikesgaz | 21:55 Sat 12th Nov 2016 | Law
12 Answers
We own a strip of land between two commons which people now use as an access between the two. We do not object to this but would like to put up a sign specifying that we (the landowner) do not object to the public using the land as a right of way at present but it must not be taken as giving any permanent rights or rights by prescription.


What specific wording would suffice?

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Er, how did that happen? I definitely typed a full answer! Let's try again!!! See 'How do you prevent a claim for a public right of way?' here, noting the suggested wording for a sign and also the possibility of making a legal declaration to the relevant local authority under Section 31(6) of the Highways Act 1980:...
22:30 Sat 12th Nov 2016
Quote:
Er, how did that happen? I definitely typed a full answer!

Let's try again!!!

See 'How do you prevent a claim for a public right of way?' here, noting the suggested wording for a sign and also the possibility of making a legal declaration to the relevant local authority under Section 31(6) of the Highways Act 1980:
http://www.lakedistrict.gov.uk/__data/assets/pdf_file/0004/275989/Permitted-Paths-and-Access-FAQs.pdf
There is a place near Aldershot where a busy road crosses army land. Once a year the army closes the road for a day with a barrier, has soldiers stand there and speak to every driver, saying " please admit that this is not public land and that you, by going over it, are not creating a right of way". If drivers agree, they are allowed through the barrier. Could you do something of the kind ?
My OH has responsibility for lots of land like this and he closes off the land at least one day a year. Usually Christmas Day. There is also signage as well.
Where I live there is an ancient packhorse Bridge on private land. The owners put a notice in the local paper once a year to say that it's not a right of way and will close for one day ( date included). Think this suffices?.
I did not know that you could own common land.
It's 'between' two commons gulliver! So not common land itself.
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Common land is OWNED by somebody, in our case a local country estate.
This may help.
http://www.md-solicitors.co.uk/permissive-path/

If you give the Rights of Way Officer at your local council a call you will probably find them very helpful.
The last pit I worked at was accessed by a private road which passed by the pit to a BC training centre and a small village. The entrance to the pit and the through road were had powered security gates but those on the through road were only closed on Christmas Day to maintain the private road status.
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