Public rights of way - southport

[salus.populi]

It is a public right of way by prescription and has been for the past ninety years.

Odd that the pathway in question isn't marked on OS maps from the 1930s, 1940s and 1950s then nor the current definitive map.

[said]

Odd that the pathway in question isn't marked on OS maps from the 1930s, 1940s and 1950s then nor the current definitive map.

OS Maps are no longer relied upon since there are many omissions and inaccuracies. But the path does exist and has done for almost a hundred years - it is in law a prescribed Right of Way. Google maps Public Paths

[gsgsgs]

This path has been blocked off, but the path running from Princes Park, behind where the zoo was and out on to Marine Parade is a Public Right of Way having been used for more than sixty years as such. Not only is the Public Victoria Park being closed off for more and more days every year - but we are losing our public rights of way also. Are they trying to close off Southport altogether.? Footpath is shownb by dotted line:

Which dotted line, there are several?

I was down there yesterday and couldn't see any closures or restrictions?

[said]

Which dotted line, there are several?

I was down there yesterday and couldn't see any closures or restrictions?

All the footpaths are shown by a dotted line. You could not see that the pathway leading from the beach end of Princes Park, at the back of the old zoo, past where the memorial to Lyndsey Quy is, and down to the Promenade is blocked off by new rides outside the Pleasureland area by an eight foot green metal fence?? Er - perhaps you had better apply for a guide dog.

EPW058497 ENGLAND (1938). Pleasureland, Southport, 1938

[salus.populi]

OS Maps are no longer relied upon since there are many omissions and inaccuracies. But the path does exist and has done for almost a hundred years - it is in law a prescribed Right of Way. Google maps Public Paths

It is not marked on the current definitive map of Public Rights of Way.
http://visitseftonandwestlancs.co.uk...ctive-map.aspx
Google maps does not show public rights of way. Dotted line footpaths on Google maps are not necessarily public rights of way. Pathways in parks are not necessarily public rights of way and if they're not they can be removed, altered or blocked off if the landowner wishes.

[salus.populi]

Which dotted line, there are several?

I was down there yesterday and couldn't see any closures or restrictions?

There was a pathway from Princes Park that led onto Marine Drive between Pleasureland and where the old Go Kart track was which now has rides on it. (the pathway just north of the Cyclone in said's photo). Presumably he/she means Marine Drive when he/she states "Promenade".

The area has been leased to Pleasureland for the last few years with the area fenced off so you can no longer walk through where the path was.

It's never been a Public Right of Way though.

There also used to be a pathway along the outside of the perimeter wall of the zoo which has long since become overgrown.
We did gain a pathway in a diagonal line across Princes Park after the grass was never reinstated after it was used as access for contractor's vehicles when Ocean Plaza was built. This is also marked with a green dotted line in Google Maps so presumably it has some legal status in said's mind. I presume Google's renaming of Meols Park to Kew Park is also official.

[gsgsgs]

All the footpaths are shown by a dotted line. You could not see that the pathway leading from the beach end of Princes Park, at the back of the old zoo, past where the memorial to Lyndsey Quy is, and down to the Promenade is blocked off by new rides outside the Pleasureland area by an eight foot green metal fence?? Er - perhaps you had better apply for a guide dog.

EPW058497 ENGLAND (1938). Pleasureland, Southport, 1938

My error, I was at the other side of the park at what would have been the front entrance to the zoo.

[said]

[QUOTE=salus.populi;6782526]There was a pathway from Princes Park that led onto Marine Drive between Pleasureland and where the old Go Kart track was which now has rides on it.



UK Law:

Public rights of way allow the public to walk, or sometimes ride, cycle or drive, along specific routes over land which belongs to someone else – the land itself is often privately owned. Though the term highway is popularly used to refer to roads, its legal definition covers any public road, track or path.


If you are being prevented from exercising your right of way or your right of way is being physically obstructed so that you cannot use it then one of the remedies open to you is to apply to the court for an injunction. Often people's reaction is to get the police involved.

[Alikado]

[QUOTE=said;6782631]

There was a pathway from Princes Park that led onto Marine Drive between Pleasureland and where the old Go Kart track was which now has rides on it.



UK Law:

Public rights of way allow the public to walk, or sometimes ride, cycle or drive, along specific routes over land which belongs to someone else – the land itself is often privately owned. Though the term highway is popularly used to refer to roads, its legal definition covers any public road, track or path.


If you are being prevented from exercising your right of way or your right of way is being physically obstructed so that you cannot use it then one of the remedies open to you is to apply to the court for an injunction. Often people's reaction is to get the police involved.

What you quote is for paths that have been DESIGNATED Public Rights of Way, a path through a park or at the side of a field will probably not have been designated even though it may have been in use for decades.

[The PNP]

[QUOTE=Alikado;6782657]

What you quote is for paths that have been DESIGNATED Public Rights of Way, a path through a park or at the side of a field will probably not have been designated even though it may have been in use for decades.

I knew a developer in the N.W., who put up a new office block as his company headquarters. It had a drive-through carpark to the rear, which connected two streets. The carpark was left open all year round, so you could in theory drive through, although few ever did.

However, once a year he would personally close it off to the public for 24 hours. I was told the reason for doing so, was to prevent his carpark from becoming a right of way...So apparently, if a through-path/road is left open enabling continuous 24/7 public use beyond a period of 12 months, it becomes a right of way.

Which if correct, would mean the path/s in question across the park are/were public rights of way. Therefore the landowner is in the wrong summarily closing them. He would first have to apply to have the path/s re-routed, before blocking/closing them.

[condemnation]

Prescription Right of Way – After continued use over a prolonged period of time a right of way used can become recognised and legitimate.

[salus.populi]

[QUOTE=said;6782631]

There was a pathway from Princes Park that led onto Marine Drive between Pleasureland and where the old Go Kart track was which now has rides on it.



UK Law:

Public rights of way allow the public to walk, or sometimes ride, cycle or drive, along specific routes over land which belongs to someone else – the land itself is often privately owned. Though the term highway is popularly used to refer to roads, its legal definition covers any public road, track or path.


If you are being prevented from exercising your right of way or your right of way is being physically obstructed so that you cannot use it then one of the remedies open to you is to apply to the court for an injunction. Often people's reaction is to get the police involved.

Well off you go to court then if you're convinced that you're right. Let us know how it goes

[said]

[QUOTE=salus.populi;6782683]

Well off you go to court then if you're convinced that you're right. Let us know how it goes

I know I am right! People cannot rewrite the law books.

[Alikado]

[QUOTE=said;6783059]

I know I am right! People cannot rewrite the law books.

It is what Parliament do.
Well here anyway but maybe not in Cloud Cuckoo Land.

[salus.populi]

I know I am right! People cannot rewrite the law books.

I suppose you're one of those nutters who think the Magna Carta still applies.