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Adopted Cyclepath/No public right of way

Hello,

Not sure if this is the right forum, but it's one for the solicitors on the board.

There is a strip of land near my home, it has a cycle path running through it. The cyclepath is adopted.

However, the local land charges dept say that no public rights of way run through the land.

As the path is a cycle path, is it only available for users on a bicycle? And all other users don't have a legal right to use it?

Does anyone have a link to the relevant act?

Many thanks
Keith

Comments

  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 14 September 2010 at 10:08AM
    How long ago was the track adopted?

    Have a look at the Cycle Tracks Act 1984

    Some cycle tracks also permit use on foot.

    AFIAA cycle tracks do not have to be shown on definitive maps but if you know that the cycle track has been adopted why not query the local authority direct?

    Is the track being used by people you would prefer weren't using it?

    Another poster on here, Richard Webster, may be able to help you more.
  • Keith
    Keith Posts: 2,924 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks, looking at the CTA 1984 and the Highway Act both say that users on foot can also be included.

    Signage on the path also show a Man next to the cycle symbol.

    I'm attempting to register the land as a village green ;)
  • The Rights of Way Register would not include loads and loads of publicly adopted roads and footpaths, but only those over private land acquired by long use or subsequently diverted.

    So it could easily follow that a Cycle Track was shown as adopted but as a separate public right of way on the separate register.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Keith
    Keith Posts: 2,924 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ah, so the original worn in to the grass path over the land could have been registered via prescription and would appear in the Rights of Way register, but the adopted shared use cyclepath wouldn't show as it's a public right via adoption/highways.

    I'm qualified to Level 6 ILEX in land law and conveyancing but the course doesn't touch on anything like this!
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