+Lassitude Posted May 31, 2003 Share Posted May 31, 2003 I am trying to find out what a yellow road indicates on an O/S map. It says it is a road usually greater than 4M in width. I want to know if a road indicated in yellow on an O/S map is actually a public highway. The reason I ask is that I met a rather unpleasant man while trying to do 'Another Lost Line' the other day. I attempted to park near the footpath on leading to the cache and was met by a local resident who informed me the road was private (No signs indicating it was though). Not having an appropriate O/S map I could not argue my point but when I got home I checked my maps hence the question above. He said the council had told him it was private. Comments? LASSITUDE- (noun) Tiredness and apathy: a state of weariness accompanied by listlessness or apathy[15th century. Via French from Latin lassitudo , from lassus 'weary'.] Quote Link to comment
+Team Paradise Posted May 31, 2003 Share Posted May 31, 2003 Chris, the online OS Landranger symbols page does say that they aren't necessarily rights of way. Steve If you can see the 'light at the end of the tunnel', it's usually a train coming ! Quote Link to comment
adrianjohn Posted May 31, 2003 Share Posted May 31, 2003 Although the existance of a road or path may be indicated on a map, wether or not it is a right of way is often difficult to find out. Generally a private road should be sign posted. At the site I have been working for about three years, signs declaring the road to be private and quoting the highways act are posted at the junction to the public roads and footpaths. To prevent the road becoming a right of way the company close the road to all traffic for one day every year as required by the act. If you can prove that public access has been frequent and uninterupted for a long period you may be able to prove a right of way. Like blocking footpaths some residents of roads try to deter people from passing down some roads, with no knowledge of an actual right of way it is difficult, so it may be best to retreat gracefully, maybe making an enquiry with the local council who are obliged to take up complaints of blocked rights of way and enforce access. Have boots and GPSr, will cache for fun! Quote Link to comment
+paul.blitz Posted May 31, 2003 Share Posted May 31, 2003 quote:Originally posted by Lassitude:I am trying to find out what a yellow road indicates on an O/S map. It says it is a road usually greater than 4M in width. I want to know if a road indicated in yellow on an O/S map is actually a public highway. Yes, as others have already pointed out... an interesting question. Now, a few years ago, I used to live (with parents) in a private road. It is only a minor road, but is shown on maps etc. But whilst it was private, it was deemed to be open to the public (we never made any attempt to "close" it), and whilst *WE* had to maintain it, it is still deemed to be "Queen's Highway", and all the laws of the road apply still. quote:The reason I ask is that I met a rather unpleasant man while trying to do 'Another Lost Line' the other day. I believe there have been a couple of comments about this now....Well, as it's my cache, I should try & do something about it. I will try & find out more if I can. Of course, the problem is that, if it (the road) is deemed to be a "right of way" then you can WALK on it.... doesn't mean you are entitled to DRIVE or PARK on it. quote:.... He said the council had told him it was private. Private just means that the council don't own it. That, unfortunately, doesn't define who may (or may not) do what on it though. Paul Quote Link to comment
brianmcm Posted May 31, 2003 Share Posted May 31, 2003 In Masachussetts, the Police only have jurisdiction on a private way for a breach of the peace. There is no right to tag and tow illegally parked vehicles unless they are stolen or the operator is arrested. That is not to say the abutters can't ave a vehicle towed, but the area must be posted and the local PD notified before a vehicle is towed. Breach of the peace by the way is based on Old English Common Law. I guess we can't get away from our English roots. When I read about the evils of drinking, I gave up reading. Henny Youngman (1906 - 1998) Quote Link to comment
+Lassitude Posted May 31, 2003 Author Share Posted May 31, 2003 So- If they have not closed the road once in the last year and do not mark it as a private road then I can use it... I am not going to though. Consulting the OS map again I notice the parking for Beacon Hill (Where Room 101 is/was) is probably the best bet. I know it is possible to safely cross the A34 via the road bridge and there is a footpath that lead to the entrance of the 'private' road. A little bit further to walk but no hassle from Mr 'I havent got anything better to do'. Nice to hear how US law deals with this sort of thing. It's probably the 'English roots' of your legal system that causes all the problems Cheers Chris LASSITUDE- (noun) Tiredness and apathy: a state of weariness accompanied by listlessness or apathy[15th century. Via French from Latin lassitudo , from lassus 'weary'.] Quote Link to comment
+The Hungry Caterpillars Posted May 31, 2003 Share Posted May 31, 2003 Here we go again,rights of way law are minefield.This just makes the point,some people think they know something but they are nottoo sure.As more people start to become involved problemsto do with rights of way and the placing of caches are going to grow at afast rate of knots.Of course there is an answer Quote Link to comment
Cholo Posted June 1, 2003 Share Posted June 1, 2003 quote:Originally posted by The Hungry Caterpillars:Here we go again,rights of way law are minefield.This just makes the point,some people think they know something but they are nottoo sure. I've been following these threads with some interest. My first reaction is to ask, "What would Robin Hood do?". It does seem to be a bit more complicated. Some of my American ancestors had a problem with the English concept of 'property rights'. We all understand this concept now. Yes, I'm still one of those who aren't too sure. Quote Link to comment
Moss Trooper Posted June 2, 2003 Share Posted June 2, 2003 Check this out.. http://naturenet.net/row/index.html Moss the Boss... Sorta Quote Link to comment
+DerekReed Posted June 2, 2003 Share Posted June 2, 2003 quote:Originally posted by Moss Trooper:Check this out.. http://naturenet.net/row/index.html Moss the Boss... Sorta Nice link, Moss. Thanks for that. If I wasn't just about to go out cacheing, I'd have a good read of all that lot right now. One day my sigline will stop changing. Until then, it's "Lost in the woods? Not if you remembered to waypoint the car!!". Quote Link to comment
+The Hungry Caterpillars Posted June 2, 2003 Share Posted June 2, 2003 Good one Moss trooper-I have come across this site before.The association that have the greatest expertise in this field are probably The Ramblers.As you will have noticed they have an official presence that gives them a large say and ,if necessary alegal presence which all walkers benefit from.This of course means thst our hobby is to some extent dependent on their policies over which we have absolutley no say.At some time in the future it would be nice to be able to call on them for proper well informed advice with problems to do with rights of way problems such as the one that set this thread off. Quote Link to comment
+Omally Posted June 2, 2003 Share Posted June 2, 2003 quote:Originally posted by The Hungry Caterpillars:<snip> At some time in the future it would be nice to be able to call on them for proper well informed advice with problems to do with rights of way problems such as the one that set this thread off. That's where the GAGB would be of some asisstance. "Woof" quoth he. Oh, and "Grrr" also. Quote Link to comment
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