Byway intentionally BLOCKED!!!!

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Chalky.

Chalky.

Well-Known Member
Posts
5,126
Location
Mid Wales
Hi guys! After a bit of advice really.

Was out laning today me I the 90 my brother in the 110, around the lake Vyrnwy and Llanfyllin area, we'd done a few good lanes and then found a 'new' one, upon coming to the start of it we realised it was too wet to drive, so decided to find the other end of it as it continued over a single track lane in the next little valley.
Upon finding it (happens to be virtually in a farmyard) we soon discovered a massive old tractor trailer parked right up into the entrance of the boat.

The farmer came out and said only bikes could get through as the lane was overgrown and rough. I didn't argue, but it was very obvious he didn't want us there, and didn't want people driving through 'his' land!

How can I get this obstruction moved, who do I report it to, and how can I organise opening the lane up? We are both tree surgeons so have all the kit!

Many thanks
 
Report to the council rights of way officer and worth contacting the local GLASS rep, there might be history worth knowing with access and they will hopefully have a working relationship with the ROW officer.

As for clearing it's a little complicated. As I understand it you have the right of easement of a right of way so long as you don't cause damage to another's rightful property.

As it's publicly maintained land to carry out work you officially need things like public liability insurance (which you presumably have) and permission from the relevant authority (which you dont).

As general advice pruning and a little bow saw work is fine, felling with chainsaws isn't.

Either way double check the status on the council definitive map.
 
Nope.
The greenlane start is about 20 meters off the farm, and trailer has been driven about 50 meters up the byway infront of the first gate.
Its quiet local yokel around here, hardly any thefts.
And even so, it doesn't matter a t0ss, he's willfully obstructing a public right of way.
 
Gottschalk said:
Hi guys! After a bit of advice really.

Was out laning today me I the 90 my brother in the 110, around the lake Vyrnwy and Llanfyllin area, we'd done a few good lanes and then found a 'new' one, upon coming to the start of it we realised it was too wet to drive, so decided to find the other end of it as it continued over a single track lane in the next little valley.
Upon finding it (happens to be virtually in a farmyard) we soon discovered a massive old tractor trailer parked right up into the entrance of the boat.

The farmer came out and said only bikes could get through as the lane was overgrown and rough. I didn't argue, but it was very obvious he didn't want us there, and didn't want people driving through 'his' land!

How can I get this obstruction moved, who do I report it to, and how can I organise opening the lane up? We are both tree surgeons so have all the kit!

Many thanks
Click to expand...
Ping me the location, I live close to here.

Gottschalk said:
Its quiet local yokel around here, hardly any thefts.
Click to expand...
How rude.
 
Last edited:
I put this on the North Wales Facebook page for you.

This reply came from Justin. He hasn't had time to follow it up





Justin Brown This was my post for those not on TW- After reading previous comments I had a bee in my bonnet long before we tackled this lane.
I was leading a group of 4 vehicles on 21,7,2012 and we arrived at the north end of this lane on a glorious summers day. As we expected the gate was padlocked, which i didnt think it should be so we started to unbolt the hinges so we could have a recce of the lane. We were well aware of the fact that the farmer was cutting silage about 400 yards away and sure enough he eventually came over. Amazingly he was nice as pie and explained that the gate was padlocked because off roaders had previously driven all over his fields looking for the route and that a bridge had collapsed that was a historic bridge and there was ultimately no way through.
He allowed us through the gate so we could have a look at the bridge but on the proviso that we returned the way we came and locked the gate.
Here is a picture-http://flic.kr/p/cCtEq9
We saw little problem with the bridge and thought it would be ok to drive , however we did not.
We then went to the other end of the lane which was blocked by a car and horse box. While we checked the map a different farmer approached us and was very abusive. He threatened to call the police which i said i had no problem with but this only wound him up even more!
When he eventually calmed down he assured us that the lane had not been driven in 50 years. My mate had a walk up a short part of the lane and said it was very wet and very overgrown but could possibly be driven down hill (N-S). We retreated and it is now my mission to find the legality of this route.. Both farmers believe that the 'unsuitable for motors' sign at each end of the lane meant that there was no right of way for vehicles...I will post again when i get more info.
25/07/2012, by Justin Brown
 
Hi sue! Sorry I terrible with technology, and i don't really understand your post as its not the same lane I'm talking about and it was posted in 2012.

I'm sure I'm missing something, and apology's for being a dunce!
 
Gottschalk said:
Hi sue! Sorry I terrible with technology, and i don't really understand your post as its not the same lane I'm talking about and it was posted in 2012.

I'm sure I'm missing something, and apology's for being a dunce!
Click to expand...



I just posted your comment on the GLASS page for the area and got a reply from Justin the West Yorkshire rep which I posted above. Apparently that comment was what he put on trailwise in 2012. I dont think anyone has been near it since.

If that isn't the right lane I will tell them. Perhaps if you supplied a grid reference it would clarify the situation
 
upload_2016-2-20_11-50-1.png
 
suew said:
I put this on the North Wales Facebook page for you.

This reply came from Justin. He hasn't had time to follow it up





Justin Brown This was my post for those not on TW- After reading previous comments I had a bee in my bonnet long before we tackled this lane.
I was leading a group of 4 vehicles on 21,7,2012 and we arrived at the north end of this lane on a glorious summers day. As we expected the gate was padlocked, which i didnt think it should be so we started to unbolt the hinges so we could have a recce of the lane. We were well aware of the fact that the farmer was cutting silage about 400 yards away and sure enough he eventually came over. Amazingly he was nice as pie and explained that the gate was padlocked because off roaders had previously driven all over his fields looking for the route and that a bridge had collapsed that was a historic bridge and there was ultimately no way through.
He allowed us through the gate so we could have a look at the bridge but on the proviso that we returned the way we came and locked the gate.
Here is a picture-http://flic.kr/p/cCtEq9
We saw little problem with the bridge and thought it would be ok to drive , however we did not.
We then went to the other end of the lane which was blocked by a car and horse box. While we checked the map a different farmer approached us and was very abusive. He threatened to call the police which i said i had no problem with but this only wound him up even more!
When he eventually calmed down he assured us that the lane had not been driven in 50 years. My mate had a walk up a short part of the lane and said it was very wet and very overgrown but could possibly be driven down hill (N-S). We retreated and it is now my mission to find the legality of this route.. Both farmers believe that the 'unsuitable for motors' sign at each end of the lane meant that there was no right of way for vehicles...I will post again when i get more info.
25/07/2012, by Justin Brown
Click to expand...
Bunch of w4nkers, you have no right to start unbolting hinges... If the lane is blocked you leave it to the council.

With pics like this

or this


I can see why the farmer has issues. Lets go off piste as always..
 
Last edited:
WP_20160220_11_51_36_Pro.jpg


Hi sue, I understand now. Apology's once again! Here is the lane.
We parked at "Bryn teg", took a look on foot and decided it was too wet. So we wanted to have a look at the other end to see condition, and also to see the continuation by "cornorion-fàch". This is the farm that had parked the huge trailer up the entrance and said only bikes could go through.
Hope this helps! And I've just requested to join the North Wales group! :)
 
suew said:
I just posted your comment on the GLASS page for the area and got a reply from Justin the West Yorkshire rep which I posted above. Apparently that comment was what he put on trailwise in 2012. I dont think anyone has been near it since.

If that isn't the right lane I will tell them. Perhaps if you supplied a grid reference it would clarify the situation
Click to expand...

May I just ask, although no one has driven it since, it is a legal lane to drive isn't it? Just because a farmer doesn't want you to doesn't mean you shouldn't. I have actually come across the entrance to this lane and there was a ton of farm equipment dumped there, obviously with the sole intention of blocking it.
 
ER1C said:
Bunch of w4nkers, you have no right to start unbolting hinges... If the lane is blocked you leave it to the council.
Click to expand...

Legally you probably have, IF you have a legal right of way.

What you don't have a right to do is cause damage. Removing and replacing hinges probably wouldn't be seen as that if it got to court.

It is very confrontational though and personally I'd be more inclined to put pressure on the council to take action before touching another's property.

I don't know the background or history of action that may have gone before so I wouldn't judge it either way.
 
Gottschalk said:
May I just ask, although no one has driven it since, it is a legal lane to drive isn't it? Just because a farmer doesn't want you to doesn't mean you shouldn't. I have actually come across the entrance to this lane and there was a ton of farm equipment dumped there, obviously with the sole intention of blocking it.
Click to expand...
It may well be.... However, the council also close lanes and the council also are aware of issues and its their responsibility. You have the right to drive a lane and he doesn't have the right to block it permanently. However you do not have the right to clear it and its his property which you are interfering with. Be careful on wording here... you can clear it and say you have right of way, but you will then be putting yourself at risk. This is like forcing a shop door when it says "open" still at 2am.

He may have livestock on the road and needs to close it to move them from a to b temporarily. He may have heavy machinery which cant turn around coming out of the field.. I am sure he didn't have either and we likely know why it was locked but we aren't officials of any kind.

A fine example is our bridleway was blocked and seemed to be bolted shut. In reality after notifying the farmer and council the roadwork re-tarmacking a road above it had pushed the gate post over and the mechanism had jammed against the gate.

If I had forced it, or tried to remove it would have only made it worse and got everyone's back up. In the end the council came out and reset the post. Everyone is happy.

I don't want to argue but think about the farmers here, and let the council take care of it, heaven knows we pay them enough for it. That farmer has been there 50 years and you can bet at the start he didn't have to worry about groups of Landy folk driving around taking pictures sticking them online.

I believe the Code of Conduct for laning is clear (official and not) drive to a locked gate, record, report and turn back.
 
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ER1C said:
It may well be.... However, the council also close lanes and the council also are aware of issues and its their responsibility. You have the right to drive a lane and he doesn't have the right to block it permanently. However you do not have the right to clear it and its his property which you are interfering with. Be careful on wording here... you can clear it but you will then be putting yourself at risk.

He may have livestock on the road and needs to close it to move them from a to b temporarily.

A fine example is our bridleway was blocked and seemed to be bolted shut. In reality after notifying the farmer and council the roadwork re-tarmacking a road above it had pushed the gate post over and the mechanism had jammed against the gate.

If I had forced it, or tried to remove it would have only made it worse and got everyone's back up. In the end the council came out and reset the post. Everyone is happy.

Think about the farmers here, and let the council take care of it.
Click to expand...

It's really no different to opening and closing the gate.

The only difference is the intention of the person who put the padlock on is illegal.

So long as no damage is caused and out of consideration for livestock the gate is closed after you have gone through.

I agree it's hardly likely to improve relations though
 
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