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RIDER RIGHTS

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The Governement should sycamore rider-friendly policy !

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OCCUPIERS LIABILITY

Says Tony Barnett

Says Tony BarnettTHE RULES OF OCCUPIERS, IE OWNERS AND COMMONERS LIABILITIES ARE THOSE RULES OF LAW WHICH GOVERN THE LIABILITY OF SUCH OF PREMISES TO PERSON WHO COME ONTO THOSE PREMISES

IN THE CASE OF THE COMMON LANDS IT CANNOT BE SAID THAT THERE IS CLEAR LIABILITY ON COMMONERS AND OWNERS BUT, ON THE OTHER HAND, IT ALSO CANNOT BE SAID WITH CERTAINTY THAT THEY ARE FREE FROM LIABILITY.

NOR IS THERE ONE CLEAR CODE OF RULES GOVERNING ALL COMMON LAND LIABILITY, IF IT EXISTS, VARIES FROM ONE TYPE OF COMMON TO ANOTHER AND MAY VARY BETWEEN CLASSES OF ENTRANTS ON THE SAME COMMON.

"consider that that accidents etc through bad management of common land by those with such powers of rights and that misfortune can result through natural phenomena as against man made impediments"

(A) THE DUTIES TO ENTRANTS TO COMMON LAND.

OCCUPIERS AND OWNERS LIABILITY ACT 1957 IS A COMMON DUTY OF CARE TO VISITORS TO LAND IS LAID DOWN IN SECTION 2 (1) OF THE ACT..... A DUTY TO TAKE SUCH CARE AS IN ALL CIRCUMSTANCE OF THE CASE IS REASONABLE TO SEE THAT THE VISITOR WILL BE REASONABLE SAFE IN USING THE PREMISES FOR THE PURPOSE FOR WHICH HE/SHE IS INVITED OR PERMITTED BY THE OCCUPIER (COMMON OR OWNER) A VISITOR TO P[REM,ISES IS A PERSON WHO, UNDER THE COMMON LAW, WAS TREATED AN AN INVITEE OR LICENSE.

consider this, common lands are being stolen and developed, fencing, gates,bridle paths etc are put in place, you/ we are invited to use that facility, as the works are not of natural phenomena and as is being proven are unlawful, who is responsible for injury suffered?

OWNERS AND COMMONERS (OCCUPIERS) LIABILITY ACT 1984, DISTINGUISHABLE FROM THE COMMON DUTY OF CARE IS A DUTY OWED TO PERSONS, OTHER THAN VISITORS, IN RESPECT OF RISK OF THEIR SUFFERING INJURY ON THE PREMISES BY REASON OF ANY DANGER DUE TO THE STATE OF THE PREMISES, OR THINGS DONE, OR OMITTED TO BE DONE ON THEM.

UNDER THE OCCUPIERS LIABILITY ACT 1984 THIS DUTY IS OWED BY AN OCCUPIER TO ANOTHER PERSON, IN SOME, NOTICES ARE DISPLAYED TO WARN OF "NO LIABILITY IS ACCEPTED FOR LOSS OR INJURY" ON COMMON LAND THIS IS AN UNLAWFUL DECLARATION NOTICE AND CAN BE ASSUMED AS A MEANS OF A DETERANT TO LAWFUL PUBLIC ACCESS.

I pine for a more sensible approach to saving our forests

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