Says Naomi Smith
It is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more
Right of Way
"Strictly speaking, the term "right of way", when it stands alone, relates to a private way"
Says Tony Barnett
Every way is either a private way or a highway, strictly speaking, the term "right of way", when it stands alone, relates to a private way: it describes the right enjoyed by a particular person or group of people to pass over land which belongs to another, such a group of people may be loosely defined as the public.
A highway is a passage for the use of the sovereign and all of his/her subjects: hence it was commonly called the Kings highway, the highway act 1835`(5&6 Will I V c,50) defines the highways as all roads, bridges, carriage ways,cartways, horseways bridleways footways causeways,churchways and pavements
Navigable rivers and ferries are also public highways, a highway may exist by prescription (see 1832 prescription act) uninterrupted use since time immemorial (1189), by Act of Parliament or by dedication, a dedication exist where a person expressly or tacitly throws open for the public use a road on his/her land, and the public assent to or avail themselves of the dedication.
A way is presumed to be a highway when it has used by the public for 20 years, unless there is sufficient evidence that there was no intention during that period to dedicate such a way under the 1832 Act, confirmed by section 34 of the highways Act 1959.
Section 23 of the 1835 Act provided that no road or other way was to be deemed a highway maintainable at public expense unless notice of dedication had been given in writing to the parish surveyor.
The form of such notification was printed as to schedule to the Act, this provision remained in force until repealed by the highways Act `1959(7&8 Eliz 11 ch 25), these notices of dedication may sometimes survive in local archives, but not in the national archives.
Some rights of way were the subject of private agreements between landowners and others, such agreements are unlikely to be found in the National archives, however, where there was an alteration to rights of way ( including the building of new highways and turnpike roads) across or serving property owned by the crown agreements, surveys, correspondence and maps may be found among records of the crown estate office.
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