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help accused of tresspassing while trying to get to a foot path


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well yesterday i tryed to do the walk i had dont since i was 13 but to get from my house i have to walk down the edge of a field used for crops and then along a farm track which is about 150-200 yards max, and although i was walking round the edge trying to get to the foot path which runs through anouther part of this toss pots land he had a big go at me even though i was really polite and showed him were i came from and were i was going, so my dad went down and he started going at him with all this shit about how farmers dont like people like me going on there land round there then my dad came at him with the fact i have permision on 3 farms surrounding his land but any way that isnt my point my boyfriend said he was sure there was a law in scotland that gave me the right to roam,has anyone else heard of this? and if so does it apply in england?

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Don't know what the law is in England" but these two links may help? http://www.ramblers.org.uk/freedom/ http://www.desktoplawyer.co.uk/dt/browse/l...0&aid=34460 Could the farmer have been concerned about causing damage to growing crops? (Trespass with intent to damage) In Scotland we have a right of access to points A and B as long as we don't cause a nuisance or damage but you can still be convicted of things like armed trespass, trespass in the pursuit of game and trespassing and causing criminal damage

 

Tom

Edited by Foxgun Tom
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The right to roam act applies in scotland but not sure about england? dont let the guy bully you just go where you want and do what you want, whats the worst he can do to you? barks probably worse than his bite most shouty people are like that :thumbdown:

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not really as i was walking along the edge which is about 50 yards,he could see that as he was spraying in the next field and the rest of the way i was on a farm track used by tractors, thank you i will have a look

 

spoke to the person who has the neighbouring field and they said that when they were renewing the fence he was a right nob and was coming down every 15 minutes checking were they were putting the posts....you know the sort

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The right to roam applies to England and Wales The legal right - or right to roam - was provided by The Countryside and Rights of Way Act 2000. What it is not is right to walk anywhere you like, the new right of access on foot only applies to mapped areas of "open country" as defined by the Countryside and Rights of Way Act 2000(CRoW). This is currently mountain, moor, heath land, down land and registered common land

 

Click on the link for a copy of the act: http://www.opsi.gov.uk/acts/acts2000/ukpga_20000037_en_1

 

As most trespass is a civil wrong the farmer would have to go to court to get an injunction to prevent you from trespassing, this costs money and probably is'nt worth him taking action against you, If you were on footpath that is deemed public? tell him "to go and take a feck to himself!"

 

Tom

 

Ps:

in some instances a farm track could be described as a public right of way after its been used by members of the public for a certain number of years?

 

Pps:

JPfellterrier I've just looked at your profile and noticed your a young lady! I apologise for my use of bad language in the above :icon_redface: , maybe you could just tell the idiot "to bugger off" rather than use the type of lanuage I would resort to :blink:

 

 

 

 

 

The right to roam act applies in scotland but not sure about england? dont let the guy bully you just go where you want and do what you want, whats the worst he can do to you? barks probably worse than his bite most shouty people are like that :thumbdown:
Edited by Foxgun Tom
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It's the farmers land and if he doesn't want you on it that's his right!...I think some that reckon they can go anywhere would soon get pissed off with people walking through their garden to and fro the shops. Don't get me wrong, I'm no goody two shoes that keeps to the public right of ways, I usually keep out of sight and respect the farmer if they have a pop at me.

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Guest jt750
The right to roam act applies in scotland but not sure about england? dont let the guy bully you just go where you want and do what you want, whats the worst he can do to you? barks probably worse than his bite most shouty people are like that :thumbdown:

People like you give hunters a real good name ....its probably because of attitudes like yours he won't let people on his land

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An ordnance survey map of the area should show you any public footpaths in the immediate area, if there is one across his land you are quite within your rights to use it.

 

Do remember if you are on any private land with a weapon covered or uncovered it could be counted as trespass with a firearm (even air rifles).

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i know hes being pretty unreasonable im just going to pee him off by walking on my permision were he can see me right the way round his land (the only way i can get to the foot path now) then walk along the foot path that goes right infront of the grumpy old twats house

 

but if this "right to roam" thing is true can we legally lamp with dogs anywere we like or is there somthing stopping that

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Rights of public in relation to access land (1) Any person is entitled by virtue of this subsection to enter and remain on any access land for the purposes of open-air recreation, if and so long as—

(a) he does so without breaking or damaging any wall, fence, hedge, stile or gate, and

(B) he observes the general restrictions in Schedule 2 and any other restrictions imposed in relation to the land under Chapter II.

(2) Subsection (1) has effect subject to subsections (3) and (4) and to the provisions of Chapter II.

(3) Subsection (1) does not entitle a person to enter or be on any land, or do anything on any land, in contravention of any prohibition contained in or having effect under any enactment, other than an enactment contained in a local or private Act.

(4) If a person becomes a trespasser on any access land by failing to comply with—

(a) subsection (1)(a),

(B) the general restrictions in Schedule 2, or

© any other restrictions imposed in relation to the land under Chapter II,

he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.

(5) In this section “ownerâ€, in relation to any land which is subject to a farm business tenancy within the meaning of the [1995 c. 8.] Agricultural Tenancies Act 1995 or a tenancy to which the [1986 c. 5.] Agricultural Holdings Act 1986 applies, means the tenant under that tenancy, and “ownership†shall be construed accordingly.

 

think thats the right bit, what is open air recreation :blink:

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i know hes being pretty unreasonable im just going to pee him off by walking on my permision were he can see me right the way round his land (the only way i can get to the foot path now) then walk along the foot path that goes right infront of the grumpy old twats house

 

but if this "right to roam" thing is true can we legally lamp with dogs anywere we like or is there somthing stopping that

roaming and lamping are two different things

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