Says Adrienne Yentis
A friend of mine recently was riding on the heath
and she came across a group of cattle strung out across the bridlepath with no way through – the only way off was to turn round. Fortunately her horse
remained calm throughout. But you can imagine how a nervous horse might react ........... read more
Section 193 of the 1925 Law of Property Act.
" It is true that 193 does guarantee access to common land, but not carte blanch"
Says Tony Barnett
Although it is good news that people are taking time to protest against unlawful works/occupation on common land, their gains to remedy will be affected if sections and acts are wrongly added to letters etc to horseytalk or when remonstrating with those that wish to take away our rights of open access for air and exercise and recreation where allowed.
The particular act and section mostly used/quoted inaccurately is section 193 of the 1925 law of property act.
It is true that 193 does guarantee access to common land, but not carte blanch,if a deed is executed under section 193 by the "owner" of the common land, which forms part of of the lordships estate "demesne" lands, then the common access is regulated, and this also means restrictions where dogs,horses,cycles apply, footpaths are provided if, persons wish to enter the common land for air and exercise, after all it is private land.
This is freehold land, lands able to be conveyed, rights to gain "easements", the owner has quasi rights, owns the soil, trees, but is not permitted to enclose, only regulate, that is why legislation section 193 was created for that purpose so that common lands within the lordships demesne lands/estate could be regulated for access points and not from all points of view.
To do this an Owner of any other common may execute a "Deed of Declaration and order of limitations" to bring his common under this section 193, although this section automatically applies to all common lands situated wholly or partly within a former borough or urban district, of the deed should be noted on the register: regulation 22 of the 1966 regulations
The 1899 is identical to 193 because the authority has powers to regulate but not enclose common land although access from all points of view are the rights, but prohibitions can be set against horses,cycles by the council creating bye-laws,,and owner may institute proceedings against the same trespass.
The Deed of Declaration ( disclosure of title deeds) and order of limitations (creating bye-laws) allow the lord/lady to identify modes and access points over their demesne lands, this is to prevent carte blanch access and if the access limitations are breached an action can be taken for trespass.
Says Linda Wright
We moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more