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Private notice on public walkway - George (16th Oct 2009 - 00:32:46) Can anybody throw some light on the following please:- At the junction of Headley Road and Tunbridge lane, there is an unnamed road that leads directly to a farm house. Almost at the farm house there is a public footpath on the right hand side which leads over a fence and thru the farmers field to a kissing gate, across the stream and back to Tunbridge Lane. The signs at the footpath indicates that this road to the farm house is a public walkway. Today I discovered that just after the last residential property a gate has been errected with a key pad and a "private" notice has been nailed to a tree. The gate was open. Is it the intention to close access to this public footpath, or is the gate only to be closed in the evenings? Can this be done on a public footpath?

Re: Private notice on public walkway - Dawn Hoskins (16th Oct 2009 - 11:10:12) George, The answer very much depends on whether the path is a registered public right of way(RoW). If a brand new gate has suddenly sprung up on a public RoW, then the owners should have applied for consent to do this. Gates in themselves are not ‘obstructions’ as they can be opened. But locked gates are considered obstructions. The authorities can remove the obstruction but you must not tamper with it as it belongs to the land owner and you could face a charge if you destroy their property. What you do have the right to do if your way is blocked, is take the shortest detour possible to get around it – even though this may lead you onto land which is not a RoW. If a landowner who has a RoW through their land erects a gate or style, they then have the responsibility of ensuring it remains safe to use. If they become dilapidated or difficult to use they can then be considered as obstructions. If the path is not a public RoW, but has been used as such for over 20 years a claim may be made to register it.

Re: Private notice on public walkway - Paul Robinson (16th Oct 2009 - 12:11:35) This is a public right of way, I know this because there was an attempt many years ago to close off the stile that led across a meadow and down onto Tunbridge Lane. This was opposed however the landover now keeps Highland Cattle in the meadow and pedestrian traffic has substantially reduced as a direct result of this. I think you will find that the double gates that are operated by a security key pad are for vehicular entry up the drive that serves several properties. Walkers can use the small gate to the left of the main gates which has a latch that is never locked. Paul Robinson

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