Not Strictly Consumer Rights

LisaMarie9313

I know this isn’t strictly a consumer rights matter but I couldn’t find a more suitable section within the forum.

There is a footpath nearby my house in Walsall that was recently subject to sewer flooding, the landowner and Severn Trent Plc made quick work of rectifying the sewage spill and resulting contamination, however, since the clean up the footpath has been closed and no public right of way signs posted around the route.

I didn’t think this was legal? Where do we stand, the footpath is used pretty regularly and on a daily basis and now the landowner is denying access. What recourse do we have?

The signs all say Trivium Land but that isn’t the name of the company who owns the site. The Landowner is The Sewell Hammonds Group.

Manxman_in_exile

The local council should be able to confirm whether or not there is a public right of way.

Ask them.

unholyangel

(1)Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

(2)The period of 20 years referred to in subsection (1) above is to be calculated retrospectively from the date when the right of the public to use the way is brought into question, whether by a notice such as is mentioned in subsection (3) below or otherwise.

(3)Where the owner of the land over which any such way as aforesaid passes—

(a)has erected in such manner as to be visible to persons using the way a notice inconsistent with the dedication of the way as a highway, and

(b)has maintained the notice after the 1st January 1934, or any later date on which it was erected,

the notice, in the absence of proof of a contrary intention, is sufficient evidence to negative the intention to dedicate the way as a highway.

ETA: Also, check local ordnance maps. They should route the public ways. 

sheramber

Trivium Land is a wholy owned and controlled subsidiary of The Sewell Hammonds Group of Companies.
http://www.triviumland.co.uk/

LisaMarie9313

sheramber said:

Trivium Land is a wholy owned and controlled subsidiary of The Sewell Hammonds Group of Companies.

Oh, well that explains it then 😂. Still I think there being a little naughty...

LisaMarie9313

Interestingly the signs where changed to those shown in the below picture. I thinks there either looking for a loophole or trying to extinguish a right of way.

IvanOpinion

Sounds like they don't want a right of way on their land and are issuing notice of that intent - although it does use the word 'temporarily'

pbartlett

The best thing is to complain to your local council as they have the legal knowledge and enforcement powers if applicable. or even your local councillor - that is what they are there for!

LisaMarie9313

IvanOpinion said:

Sounds like they don't want a right of way on their land and are issuing notice of that intent - although it does use the word 'temporarily'

My thoughts exactly. I have contacted the council PROW Officer regarding it.

Undervalued

IvanOpinion said:

Sounds like they don't want a right of way on their land and are issuing notice of that intent - although it does use the word 'temporarily'

They only have to close it for a short period every so many years to prevent it becoming a right of way.

Many organisations that are normally happy to allow free public access do that to prevent rights of way happening by default in order to keep their options open for the future.

LisaMarie9313

I’ve just had a call back from the council telling me that they are aware of it and that the company can close it for as long and as often as they like. Not the news I was hoping for obviously. The previous owners never restricted access as far as I know.