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Footpath by the golf course - John (28th Sep 2020  08:53:37) Does anyone happen to know what has happened to the footpath that runs alongside the Liphook Golf Course? If you head south past the Links pub and then turn left into the track, go under the railway bridge, there used to be a footpath on the right immediately after the bridge that would link up to the Wheatsheaf estate and other footpaths. This now says no unauthorised access and I can't see another footpath signposted that would replace it. The footpath went through the golf course, as do several others, and is a much safer way to walk than on the busy Portsmouth Road.

Re: Footpath by the golf course - Ian (28th Sep 2020  09:46:49) It was never a public right of way new land owner has denied public access. Checked official maps and absolutely no hint of any right of way although I have found some others nearby I was not aware of

Re: Footpath by the golf course - Gilly (28th Sep 2020  13:26:56) If you go straight on after coming through the railway bridge John for another 200 yards or so, there is another footpath to the right which crosses the golf course and comes out just a little further into the Wheatsheaf

Re: Footpath by the golf course - Rob (29th Sep 2020  17:10:09) If it's been used long enough (I think it probably has) then there are assumed rights that can be made permanent.

Re: Footpath by the golf course - Ian (29th Sep 2020  18:16:02) Rob, only as long as you can prove you been using it, which is impossible unlike when you can fence in a bit of land adjoining yours and take possessory title after many years.

Re: Footpath by the golf course - John (29th Sep 2020  22:28:26) Thanks for the replies. Much appreciated, I shall look out for the other footpath next time I walk that route.

Re: Footpath by the golf course - Joe (30th Sep 2020  08:01:21) Ian I think it is dangerous to encourage people to fence off land and claim it as theirs. The law on that has changed and all land has a land registry number attached so if you came to sell it as your land a solicitor would find you out and a lot of explaining would ensue. This has happened to an aquaintaince who fenced off some adjoining land, unbenownst to him someone had bought it legally and it is registered to another person. A solicitor would have to be satisfied no one else could claim it before it could be registered. Just because land has no fence does not mean no one owns it.

Re: Footpath by the golf course - er (30th Sep 2020  11:40:38) The question seemed to be whether a right of way existed over a given path that the OP wished to use and/or whether it could be closed off. A little boring analysis: Any footpath or other public right of way, as defined under Section 31 of the Highways Act 1980, should by now be listed on the Definitive Map of Rights of Way. maps.hants.gov.uk/rightsofwaydefinitivemap If a right of way is not on there it needs to be added by 2026 or would probably be lost forever. If not currently listed, as I understand it (and if mutual agreement cannot be reached) a claimed route/path would then need to be be legally evaluated by establishing in particular (inter alia) whether it has been continuously in open and regular use by the public for a single period of 20 years without any contrary action being taken at any point in that time (that's under the said Act, in common law this could perhaps be less, anecdotally as little as 7 or even 3 years although I couldn't quote you any cases, the Act intentionally did not relinquish common law proof, which refers to often ancient judicial precedent which takes a lawyer to trawl through and then you have to convince the judge!). Once/if it is finally proven it becomes in principle anyway, too late for landowners to relinquish those rights by closing a path without permission and it should be added to the Map. This drawn out process if it got that far would I imagine, require legal advice and almost certainly a community led involvement! I would suggest contacting East Hants Council in the first instance.

Re: Footpath by the golf course - Grant (30th Sep 2020  23:03:54) Join the golf club, then you can walk where you like.

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