RIDER RIGHTS

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Says Sandra SmithSays Sandra Smith

The speed required to ensure that a gate closes is greater than the velocity required to amputate a finger, crush a child or the head of a dog, trap a push or wheelchair, or – literally - tear a hole in the side of a horse ......... read more

Fensham Common, Hampshire

How Tony Barnett fought for Riders Rights

Says Tony BarnerttTony Barnett writes to Mark Weston,
Director of Access, Safety and Welfare, The British Horse Society

"I HAVE GAINED FROM THE LEGAL DEPARTMENT A GUARANTEE THAT ALL "NO HORSE RIDING NOTICES" WILL BE REMOVED.

THERE NOW NEEDS THE LOCAL ACCESS OFFICER TO SEE THAT THIS IS CARRIED OUT."

HOW TONY BARNETT REMOVED THE NO HORSE RIDING NOTICES

The National TrustYOUR CEO AND THE LEGAL DEPARTMENT SHOULD HAVE SEARCHED THE COMMONS REGISTER BEFORE TAKING POSSESSION OF COMMON LANDS SO THAT STATEMENTS CAN BEJUSTIFIED.

Tony Barnett writes to Celia Richings, The National Trust

THE EVIDENCE TO SHOW LAWFUL OCCUPATION/LOCUS STAN-DI OF FRENSHAM COMMON LAND, IF ANY, WILL BE HELD BY YOUR RECORDS OFFICE.

IF NONE CAN BE DISCLOSED, THEN YOUR STATEMENTS (NATIONAL TRUST) WILL BE UNLAWFUL.

YOUR CEO AND THE LEGAL DEPARTMENT SHOULD HAVE SEARCHED THE COMMONS REGISTER BEFORE TAKING POSSESSION OF COMMON LANDS SO THAT STATEMENTS CAN BE JUSTIFIED.

COMMON LANDS WHICH WERE/ARE SUBJECT TO S 9, NOW 45 WERE VESTED IN THE COUNCIL, JUST AS LANDS ARE TRUSTED(VESTED) IN THE NATIONAL TRUST.

THIS THEN GIVES COUNCILS AND YOURSELVES NO JURISDICTION, UNLESS NT OWN THE LAND OUTRIGHT, YOU ARE NOT PERMITTED TO MAKE GRANTS OF EASEMENT, IN THE MAIN, COMMON LANDS ARE A PUBLIC AMENITY, RIGHT OF WAY.

MAY I THEREFORE INVITE YOU TO FOLLOW THE LEGISLATION ON COMMON LANDS INPARTICULAR THE 2006 COMMONS ACT SECTION 47-1 AND SECTION 47-2, YOU SHOULD ALSO READ THE 2000 CROW ACT ON FIXING SIGNAGE TO DETER, HARASS MEMBERS OF THE PUBLIC FROM PEACEFUL ENJOYMENT TO AIR, EXERCISE AND RECREATION.

MAY I THEREFORE APLY FOR DOCUMENTATION TO SHOW LOCUS STAN-DI.

SIGNAGE TO DISCOURAGE OR TO INTIMIDATE LAWFUL USE BY THE PUBLIC IS AN OFFENCE OF FALSE REPRESENTATION (2006 FRAUD ACT)

Waverley Borough Council

Tony Barnett writes to Lorraine Parsons,
Senior Legal Executive, Legal Services, Waverley Borough Council

SUBJECT TO OUR PHONE CONVERSATION THIS MORNING. MY INTENTION WAS TO GAIN INFORMATION REGARDING THE COMMON LAND, YOU SAY THAT THE COUNCIL LEASES THE LAND FROM THE NATIONAL TRUST AS THEY "OWN " THE LAND IN QUESTION.

IF THAT IS THE CASE, THEN THE COUNCIL WOULD HAVE EXAMINED THE OWNERSHIP RECORDS NEEDED TO PROVE OWNERSHIP IE, PRE-REGISTRATION OF TITLES TO PRE- DATE 1189.

IF THE COMMON IS A BOROUGH OR URBAN, THEN UNDER S 193 1925 LPA, THE COUNCIL IS EMPOWERED TO MAKE BYE-LAWS FOR AIR,EXERCISE AND RECREATION WITHOUT PAYING HEED TO AN "OWNER", THEREFORE LEASING OR ASKING FOR CONSENT IS NOT NEEDED, THE ONLY PERSON-S TO NEGOTIATE WITH WOULD BE REGISTERED COMMONERS, AND TO OBTAIN CO-OIPERATION FROM THE NEIGHBOURHOOD (PUBLIC).

SIGNAGE TO DISCOURAGE OR TO INTIMIDATE LAWFUL USE BY THE PUBLIC IS AN OFFENCE OF FALSE REPRESENTATION (2006 FRAUD ACT)

SHOULD YOU HAVE ANY DOCUMENTS RELATING TO THIS COMMON, DISCLOSURE WOULD BE APPRECIATED.

"I understand that the “ No horses” signs are in the course of being removed from the Common"

Waverley Borough CouncilLorraine Parsons,
Senior Legal Executive, Legal Services, Waverley Borough Council
writes to Tony Barnett

I have now obtained the deeds from the strong room and spoken to the Countryside Ranger.

(1)According to our records , the freehold title to Frensham Common, which is owned by the National Trust, is registered at the Land Registry under Title Number SY631105. The Common is subject to byelaws made by the Trust.

(2)Frensham Common is leased to the Council by the National Trust and is subject to the Scheme of Regulation of Frensham Common as provided for by the Commons Act 1899 and to the rights of the public provided for by S193 of the Law of Property Act 1925. The legal right for “air and exercise “does not include driving a vehicle (including a bicycle). The right is a right of way on foot and on horseback – R v Secretary of State ex p Billson (1198) 2 All ER 587.

The copy of the byelaws I have are dated 1965 and regulation 12 also deals with aspects of horse- riding on the common. I understand that the “ No horses” signs are in the course of being removed from the Common.

Cycling is permitted on the public bridleways, which are marked by the regulatory blue arrows, on the byway open to all traffic and a couple of sections of permissive bridleway. All these routes are clearly marked on the ground and in the Frensham leaflet ( available through the Waverley Borough Council website page for Frensham).

"ACCESS TO COMMON LANDS ARE NOT BY INVITATION, ACCESS IS OF FREE SPIRIT"Waverley Borough Council

Tony Barnett writes to Lorraine Parsons,
Senior Legal Executive,Legal Services, Waverley Borough Council.

(1) THE LAND REGISTRY TITLE WAS NOT OBTAINED BY PROCEEDURE (DISCLOSURE OF PRE-REGISTRATION OF TITLES) AND AS SUCH WILL NOT BE CONCLUSIVE.

(2) THE LEASE THEREFORE IS ILLEGAL AND WILL NOT CARRY PUBLIC LIABILITY, HOWEVER, SUBJECT TO THE 1899 ACT, THE COMMON LAND MUST BE AN "URBAN OR A BOUROUGH" NOT UNLESS YOU ARE A METROPOLITAN AREA, THEN REGULATION ACT 1876 WOULD BE IMPLEMENTED, AS YOU HAVE POINTED OUT THE 1899 ACT DOES PROVIDE FOR ACCESS OTHER THAN A WHEELED ACCESS AND SO HORSE RIDING IS LAWFUL.

MAY I DRAW YOUR ATTENTION TO THE 65 ACT, FRENSHAM WAS REGISTERED AS A SECTION 9 OF THAT ACT, MEANING NO OWNERS COULD BE TRACED BY THE COMMONS COMMISSIONER, THEREFORE THE COMMON WOULD ONLY BE VESTED IN THE NT/COUNTY COUNCIL, WHICH GIVES NO JURISDICTION, THEREFORE THE LEASE YOU CLAIM IS UNLAWFUL, THE COUNCIL HAS RIGHTS UNDER THE 1899 ACT.

ACCESS TO COMMON LAND UNLESS THE ACCESS IS TO A PRIVATE RIGHT OF WAY, PROHIBITS WHEELED VEHICLES.

ACCESS TO COMMON LANDS ARE NOT BY INVITATION, ACCESS IS OF FREE SPIRIT, THEREFORE ACCIDENTS ARE SUBJECT TO ONE'S OWN INSURANCE, WHEREAS, MAN MADE ACCESS/AREAS MUST BE COVERED BY THE PERSON THAT DEVELOPES THE LAND.

MAT I ASK IF THE LAND HAS RIGHTS OF COMMON FOR COMMONERS AND COPIES OF THE COMMON OWNERS REGISTER, THE LATTER IS REQUIRED BY LAW AND IS THE LAND STILL UNDER ANY OF THE REGULATION ACTS?

WHAT PROOF IS THERE THAT THE LAND IS A BOAT?

I HAVE REQUESTED COPIES OF THE REGISTRATION

Waverley Borough Council

Tony Barnett writes to Helen Gilbert, Surrey County Council

I HAVE REQUESTED COPIES OF THE REGISTRATION AS IS SHOWN BELOW, IE COPIES OF THE COMMON OWNERS REGISTER AND COMMONERS RIGHTS REGISTER FOR FRENSHAM COMMON FROM WAVERLY COUNCIL LEGAL,

THIS REQUEST TO THAT COUNCIL IS BECAUSE THE INSISTANCE OF SCC CLAIMING THAT THE RECORDS LIE THERE, BUT LORRAINE PARSONS STATES THEY DO NOT HAVE THE INFORMATION I NEED, AND OF COURSE DOES NOT KNOW OF THE REQUIREMENTS BY THE LEGISLATION, WHICH IS SHOWN BELOW.

1965- (4) (1). CRA,
SUBJECT TO THE PROVISIONS OF THIS SECTION, A REGISTERING AUTHORITY SHALL REGISTER ANY LAND AS COMMON LAND, OR A TOWN OR VILLAGE GREEN, OR AS THE CASE MAY BE, ANY RIGHTS OF COMMON OVER OR OWNERSHIP OF SUCH LAND, ON APPLICATION DULY MADE TO IT AND ACOMPANIED BY SUCH DECLARATION AND SUCH OTHER DOCUMENTS (IF ANY) AS MAY BE PRESCRIBED FOR THE PURPOSE OF VERIFICATION OR OF PROVING COMPLIANCE WITH ANY PRESCRIBED CONDITIONS.

THE COUNCIL HAS ASSURED ME THAT TO TO AVOID PROBLEMS WITH THE PUBLIC, ALL OF THE SIGNAGE IS BEING REMOVED, THESE TO NEED CONSENT FROM THE SOS

The National Trust

Tony Barnett writes to David Kennington,
General Manager, Surrey Hills, The National Trust

SOMEONE ELSE IS TO SEND A COPY PLAN AS YOU REQUESTED,

I AM AWAITING CORRESPONDENCE FROM YOUR ARCHIVES FOR COPIES OF DEEDS.

I AM ALSO SENDING YOU LEGISLATION, THIS IS IN CONNECTION TO THE HARDSTANDINGS YOU HAVE INSTALLED FOR CAR PARKING, BY RETURN, WILL YOU SEND ME A COPY OF CONSENT FROM THE SECRETARY OF STATE FOR THESE FACILITIES,.

THE COUNCIL HAS ASSURED ME THAT TO TO AVOID PROBLEMS WITH THE PUBLIC, ALL OF THE SIGNAGE IS BEING REMOVED, THESE TO NEED CONSENT FROM THE SOS

THE 2000 CROW ACT PROHIBITS BATHING ON COMMON LAND

Waverley Borough Council

Tony Barnett writes to Lorraine Parsons,
Senior Legal Executive,Legal Services, Waverley Borough Council.

THE 2000 CROW ACT PROHIBITS BATHING ON COMMON LAND ; A PERSON IS NOT ENTITLED TO BE ON COMMON LAND, IF IN OR ON THAT LAND HE; BATHES IN NONE TIDAL WATER, ENGAGES IN ANY OPPERSTIONS OF OR CONNECTED WITH HUNTING, SHOOTING, FISHING, TRAPPING, SNARING,TAKINGOR DESTROYING ANY ANIMALS, BIRD OR FISH.

AFFIXES OR WRITES ANY ADVERTISMENT, BILL PLACARD OR NOTICE, WHICH DISRUPTS,ANNOYS,DISTURBS OBSTRUCTS PERSONS.

I HAVE ADIVISED MEMBERS OF THE PUBLIC THAT IT IS POSSIBLE LAWFUL TO REMOVE THE FENCING FROM AROUND THE POND ON FRENSHAM COMMON

Waverley Borough Council

Tony Barnett writes to Lorraine Parsons,
Senior Legal Executive, Legal Services, Waverley Borough Council.

I HAVE ADIVISED MEMBERS OF THE PUBLIC THAT IT IS POSSIBLE LAWFUL TO REMOVE THE FENCING FROM AROUND THE POND ON FRENSHAM COMMON

YOUR STATEMENT TO OWNERSHIP AND OTHER RIGHTS TO MAKE GRANTS OF EASEMENT IS FALSE

The National Trust

Tony Barnett writes to David Kennington,
General Manager, Surrey Hills, The National Trust

AS I HAVE STATED TO YOUR COLLEAGUES, THE OWNERSHIP REGISTER IS NOT DEFINITIVE, THE NT HAS NOT REGISTERED ITS CLAIM TO BE ENTERED ONTO THE COMMON OWNERS REGISTER, THIS WILL OF COURSE REQUIRE PRE-REGISTRATION OF TITLES TO PRE-DATE 1189 FOR DISCLOSURE AND EXAMINATION.

IT HAS ALSO BEEN REPORTED THAT HLS HAS BEEN APPLIED FOR TO CARRYOUT "FENCING OF THE POND", THE APPLICATION IS SUPPORTED BY THE FALSE CLAIMS, AS THE CONSENT HAS BEEN GIVEN THE "OWNER"

FRENSHAM POND, THE "GIFT" TO NT WAS BY A PERSON WITHOUT LOCUS STAN-DI.

YOUR STATEMENT TO OWNERSHIP AND OTHER RIGHTS TO MAKE GRANTS OF EASEMENT IS FALSE (2006 FRAUD ACT)

THE REGISTERING AUTHORITIES HAVE BEEN REQUESTED TO INVESTIGATE YOUR CLAIMS, I WILL ASK FOR THE LAND REGISTRATION TO BE PUT BEFORE THE AJUDICATOR BY THE LAND REGISTRY, AS A REGISTRATION BEING IN DISPUTE.

UNDER THE 2000 CROW ACT, ANY PERSON PLACING A NOTICE CONTAINING ANY FALSE OR MISLEADING INFORMATION LIKELY TO DETER THE PUBLIC FROM EXERCISING THE RIGHTS OF ACCESS TO A COMMON IS LIABLE ON SUMMARY CONVICTION TO A FINE,

The National Trust

Tony Barnett writes to David Kennington,
General Manager, Surrey Hills, The National Trust

FRENSHAM POND FOR BATHING/SWIMING 2000, CROW PROHIBITS THIS.

FELLING OF TREES, SEE ALSO THE 2000 CROW ACT, ALSO SECTION 38 2006 COMMONS ACT, 1971-1 CRIMINAL DAMAGE ACT.

CAR PARKING, THIS IS MORTGAGE FRAUD, USING THE COMMON, NOT THE PROPERTY OF THE NATIONAL TRUST,AS COLLATERAL, SEE ALSO FALSE REPRENTATION.

CHARGES FOR FISHING IS THE SAME FRAUD ACT, SEE ALSO THE 2000 CROW ACT.

HELEN, THE LEGISLATION PROVIDES THAT THE REGISTERING AUTHORITIES DO COMPILE AND AMEND WHERE AND WHEN NECESSARY A COMMON OWNERS REGISTER, THIS IS ALSO FOR ANY CHANGES IN COMMONERS REGISTRATION.

AS THE REGISTERING AUTHORITY IT MUST ABIDE BY THE LEGISLATION, THE 2006 COMMONS ACT S47-1 REPEALED THE 1285 ACT, RIGHTS TO ENCLOSE COMMON LAND, S 47-2 OF THE ACT PROHIBITS ANY FORM OF ENCLOSURE THAT MAY SUBSIST ALONGSIDE OF THE 1285 ACT.

UNDER THE 2000 CROW ACT, ANY PERSON PLACING A NOTICE CONTAINING ANY FALSE OR MISLEADING INFORMATION LIKELY TO DETER THE PUBLIC FROM EXERCISING THE RIGHTS OF ACCESS TO A COMMON IS LIABLE ON SUMMARY CONVICTION TO A FINE, THE 2006 FRAUD ACT, "FALSE REPRESNTATION", INCLUDES IMPRISONMENT.

I HAVE SPOKEN TO THE ANGLING CLUB REGARDING THE LEASE OF THE POND, THEY ARE WELL INFORMED THAT THEY HAVE NO LEGAL RIGHTS TO FISH THERE, SHOULD THEY DECIDE TO TAKE ACTION IN THE COURTS, I WILL SUPPORT THEM.

THERE IS NOW FULL CO-OPERATION BETWEEN THE ANGLING CLUB AND THE RIDING STABLE, NO NOTICE WILL BE TAKEN OF THE SIGNS PROHIBITING ACCESS ON HORSE BACK, THE FENCING NOW BEING ERECTED AROUND THE POND CAN BE LEGALLY REMOVED UNDER THE 2006 LEGISLATION.

IT HAS ALSO BEEN MENTIONED THAT HLS HAS BEEN GAINED FROM NATURAL ENGLAND, THEREFORE AN APPLICATION MAY HAVE BEEN SUBMITTED TO PINS FOR CONSENT FOR WORKS.

THIS, IF CORRECT WILL BE IN THE KNOWLEDGE OF COUNTY COUNCIL, I WISH TO REQUEST A COPIE-S OF THE APPLICATIONS TO BOTH QUANGOS.

I WISH TO INFORM YOU THAT ISSUES REGARDING THE REVENUE FROM THE ANGLING AND SAILING CLUB WILL BE PUT TO INVESTIGATION BY THE FRAUD SQUAD

Waverley Borough Council

Tony Barnett writes to Lorraine Parsons,
Senior Legal Executive,Legal Services, Waverley Borough Council.

IT SHOWS ON THE PLANNING PORTAL THAT AN APPLICATION FOR WORKS ON FRENSHAM COMMON HAS BEEN SUBMITTED.

AS THIS INFORMATION IS NOT SUBJECT TO FOI, I WILL REQUEST FROM YOU A COPY-IES OF THE APPLICATIONS TO PINS AND FOR FUNDING.

ANY SUCH INTENTIONS SHOUL;D HAVE BEEN BROUGHT TO THE ATTENTION OF THE REGISTERING AUTHORITES, THE COUNTY COUNCIL, SEEMINGLY IT WAS NOT.

I WISH TO INFORM YOU THAT ISSUES REGARDING THE REVENUE FROM THE ANGLING AND SAILING CLUB WILL BE PUT TO INVESTIGATION BY THE FRAUD SQUAD

IT IS OF GREAT IMPORTANCE TO US, SO AS NOT TO BREACH ANY ENACTMENTS/BYE-LAWS, CAN YOU PLEASE DISCLOSE COPIES OF OWNERSHIP BY THE NATIONAL TRUST

The National Trust

Tony Barnett writes to Beverley Milsom,
Supporter Services Centre, The National Trust

I HAVE BEEN SEARCHING FOR OLD MANUSCRIPTS/TITLE DEEDS/CONVETANCE/VESTINGS OF FRENSHAM COMMON IN SURREY, SHOWING LOCUS STAN-DI BY THE NATIONAL TRUST.

THE COUNTY COUNCIL REGISTERING AUTHORITIES DO NOT HAVE ANY INFORMATION TO SHOW THIS ON THE COMMON OWNERS REGISTER.

AS MEMBERS OF THE PUBLIC IT IS OF GREAT IMPORTANCE TO US, SO AS NOT TO BREACH ANY ENACTMENTS/BYE-LAWS, CAN YOU PLEASE DISCLOSE COPIES OF OWNERSHIP BY THE NATIONAL TRUST

The National Trust"Please find attached a map showing the National Trust's ownership at Frensham Common"

Jo McKenna,
Conservation Data Manager, The National Trust, London and South East, Surrey Office
writes to Tony Barnett

Please find attached a map showing the National Trust's ownership at Frensham Common. In addition to the freehold ownership, I have also included land leased to the Trust on a 999 year lease.

I hope this answers your question; if not please do get in touch.

National Trust's ownership at Frensham Common

Waverley Borough CouncilDUE TO YOUR CLAIMS OF OWNERSHIP VARIOUS APPLICATIONS FOR WORKS AND FUNDINGHAVE BEEN NEGOTIATED, THIS THEN BRINGS THE ISSUES UNDER THE 2006 FRAUD ACT.

Tony Barnett writes to Joanna McKenna, The National Trust

HOWEVER, THERE WERE NO TITLE DEEDS ETC ATTCHED WHICH IS WHAT IS REQUIRED, THIS IS TO SHOW THAT THE NATIONAL TRUST HAS LOCUS STAN-DI AND CAPABLE TO REGULATE AND TO MAKE DEEDS OF GRANT WHICH IS AT THE MOMENT A CONTENSIOUS MATTER.

THE REGISTERING AUTHORITIES DECLARE THAT THERE ARE NO DEFINITIVE REGISTRATIONS TO OWNERSHIP.

DUE TO YOUR CLAIMS OF OWNERSHIP VARIOUS APPLICATIONS FOR WORKS AND FUNDING HAVE BEEN NEGOTIATED, THIS THEN BRINGS THE ISSUES UNDER THE 2006 FRAUD ACT.

THIS NOW NEEDS YOUR IMMEDIATE ATTENTION.

Says Maureen Comber

Says Maureen ComberI have been given an ASBO by the Hampshire County Council for standing up for riders rights.

How many other people have been silenced by Hampshire County Council? ........... read more

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