Horseytalk.net/Hoofbeat EXCLUSIVE
RIDER RIGHTS
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
Leith Hill, Surrey
New Mountain Bike track causing concern on Leith Hill
Tony Barnett writes to Rob Fairbanks, Surrey County Council
"I wish to apply under the afore mentioned act for full disclosure of; Pre-registration of title deeds to show ownership of Leith Hill Common Land "
Says Tony Barnett
I wish to apply under the afore mentioned act for full disclosure of; Pre-registration of title deeds to show ownership of Leith Hill Common Land, to include registration of title, by the National Trust as it is claimed to which a Common owners Register has been compiled, this claim would, under the 1965 CRA, be required by S 4(1) of the 1965 CRA and to which under s 3(2) of the same act is required to made available to members of the public and-
copies of any registered commoners rights and-
any blocking off or stopping up order and-
copies of the application for funding from DEFRA to construct/develop cycle ways over the common land -
copies of a public liability certificate and-
copies of the application to PINS for consent to develop this common land and.
Any constructions of common /open access lands are subject to public consultation.
Comments Tony Barnett
"The National Trust is unable to carryout works on common unless supported by legislation, the works on leith hill are unlawful, it has no locus stan-di."
Says Tony Barnett
Quoted in the segment on HT is reference to the 1949 national parks and access to the countryside act, it should be noted however the national trust acts only applies to commons where the trust is owner in the soil, in a number of cases the trust is a commoner in respect of a nearby farm it owns, in that respect the trust is no different, in position from that of any other commoner and has no special statutory duties in respect of the common, however an agreement with a commoner exercising manorial rights can be reached for compensation should he restrict his agricultural activities in the interest of the public.
The national trust act 1907,s 29 quotes by virtue of this act there shall be imposed upon the national trust with respect of any of the trust property which consists of common or communable land the following duties and the national trust shall ( subject to the provisions of this act) have respect to the same property the following powers (namely)
(A) except as in this act otherwise provided they shall at all times keep such property unenclosed and unbuilt on as open space for the recreation and enjoyment of the public and maintain footpaths and ways. the 1971 act s 23 supports the 1907 act, s 29.
The trust therefore is unable to carryout works on common unless supported by legislation, the works on leith hill are unlawful, it has no locus stan-di.
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