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My local ride was ruined recently.
Families in the area used to cross the top of a farmer’s field with permitted right of way, but now he has erected a fence, which is so close to the boundary that we can only walk single file.
Do we have any rights?
SH, Kent.
Ramble Row: A reader is dismayed after a local farmer put up a fence along a passing path on his favorite hiking route (file image)
Dean Dunham responds: A ‘right of way’ is a legal right to pass over another person’s property (in this case, a farmer’s field) usually recorded on what is known as a ‘definitive map’.
In some cases, the final map and accompanying declaration may record additional information about a right-of-way, including its width. However, this is not always the case.
If the width is not recorded on the final map and there is no other evidence of the width of the route, the right-of-way must be wide enough for two users to pass safely.
On a footpath this will be based on the pace of the walkers, whilst on a bridleway you need to take into account the pace of the horses.
Minimum widths are specified for certain circumstances, such as reestablishment after plowing, and these can give a rough idea of what minimum is likely to be considered reasonable.
These widths are 1 m (3 ft 2 in) for a path across the field; 1.5 m (4 ft 9 in) for a field edge path; 2 m (6 ft 5 in) for a bridle path across the field; and 3 m (9 ft 8 in) for any other route.
Any restriction placed on the legal width of a public right-of-way, such as the farmer erecting a fence, as you have described, is an illegal obstruction and must be removed.
Now you need to measure the width of the path to make sure it is at least the minimum width set out above.
Otherwise, the fence will be considered an obstruction and the farmer will have to legally remove it.
Public rights of way are normally enforced by local highway authorities, which are usually county councils or national park authorities.
These authorities have legal duties to record, maintain and protect public rights of way to ensure they remain open and accessible for public use.
Who took my £100 cash out of my bag?
I left my bag by mistake in a store and when I returned I discovered that it had been handed over to the staff and stored behind the checkout.
My credit cards were still in my bag, but £100 in cash was gone. Is there anything I can do?
HW, by email.
Dean Dunham responds: From the moment he left his bag in the store and until he handed it to a member of staff, the store owners had no responsibility for him.
This is because, at this point, the store had not agreed to take responsibility for their belongings.
However, the moment they handed her her bag was when the store agreed to take it into their possession.
In these circumstances, the general rule is that you had a duty to take reasonable care.
So the question here is at what point was the £100 stolen or lost?
If it was before your bag was delivered at the checkout, the store will have no liability, but if it was after, the store could be held liable, unless it can prove that it took steps to “reasonably” care for the bag, which probably It means putting it in a safe place.
Therefore, the next step will be to ask the store if they have CCTV footage that can help identify what happened and when.
If you can’t get evidence to answer this question, you’ll have nowhere to turn as you won’t be able to force the store to refund you.
However, you could of course ask the store management if they will refund you, partially or fully, as your request may receive a favorable response.
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