Members in Somerset, particularly South Somerset, have been finding notices posted around their land informing them of applications to have previously unrecorded but historic rights of way dedicated across their property. Of over 200 such applications to date, almost all have been made by the South Somerset Bridleways Association.
Landowners need to be acutely aware of the potential risks of historic rights of way over their land being re-established and take swift action to challenge this if necessary. There are, however, strict requirements governing how access rights can be re-established and it is essential that landowners are aware of the process.
Firstly, applicants must make reasonable attempts to find the landowner including using the Land Registry. Secondly, they must have evidence to prove that there is a historic right of access. This can be based on anecdotal evidence from witnesses or old maps and records.
Landowners who are concerned about the re-establishment of access should consider taking further legal advice and the possibility of mounting a challenge. It is absolutely crucial you do not stick your head in the sand.
Regional and local NFU representatives have met with Somerset County Council and will be meeting with the South Somerset Bridleways Association.
Somerset County Council has undertaken to pay particular heed to the obligation upon applicants to make proper contact with landowners and we hope that we will also be able to prevail directly upon those who have been sticking up notices on farmers’ land without prior contact to play by the rules, too.
If you are concerned about the issue, please ask for the relevant NFU business guides (available online or via Callfirst on 0870 845 8458) or contact your local or the SW Regional Office for guidance.
NFU adviser Emma Woodhouse adds:
In 2008 Natural England brought together a group of farming and land management representatives, rights of way user groups and local authorities to look at the issues surrounding the registering of historic public rights of way.
They produced a report, called Stepping Forward, in March 2010 which made 32 recommendations including: a cut-off date for registering historic rights by 2026; the power for local authorities to reject applications that do not meet a basic evidential test; and that local authorities should approach the landowner to avoid any surprises.
Whilst some may think these recommendations do not go far enough, they would go some way towards improving the process. Unfortunately, although they received support from ministers, these recommendations have not been implemented as yet. The group was due to meet again to discuss how they can be progressed.
In the mean time we will continue to promote these recommendations as best practice with local authorities.
No comments have been made.