Author Topic: If YOU was the landowner...  (Read 1327 times)

shortwalker

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Re: If YOU was the landowner...
« Reply #15 on: 15:12:33, 14/11/20 »
This particular thread is for us to respond on a specific circumstance, general discussion of trespass is on many other threads.


Sorry, but other people seem to have taken it away from the original question including you.


Are you the moderator on here? as this is the second time you have said I have taken a thread away from what I can only see as your definition of what a thread should be.


« Last Edit: 15:43:44, 14/11/20 by shortwalker »

Andies

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Re: If YOU was the landowner...
« Reply #16 on: 15:31:13, 14/11/20 »

But we are being asked to look at this from a landowners point of view. Why would I as a land owner go through the hassle of making it a ROW. I might just turn a blind eye, but making it a ROW may have financial implications to me.
I am viewing it from a landowner's perspective. One who accepts access where it should be given. That is where a ROW should historically have existed as I explained in my answer to Mel's question.
Further to my last post, as landowner I may not see all the people who walk on my land, what I will see is the damage that can be caused. So whilst the vast majority may walk my land with no problem, I will only see the damage left behind. Therefore to me all walkers cause problems.


I being a landowner talk to other landowners about the problems I have had, and low and behold they have the same problems.



Can some of you now see where the issues may arise.
I'm a bit confused here. Are you talking hypothetically as in the context of the original poster's questions, or are you saying this as a landowner? Either way you sound more like a CLA member than a walker?

Bigfoot_Mike

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Re: If YOU was the landowner...
« Reply #17 on: 15:31:27, 14/11/20 »
Itís a bit rich to claim this thread is not about access or trespass, given the scenario described. Anyone can see the direction this is bound to go.

shortwalker

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Re: If YOU was the landowner...
« Reply #18 on: 15:42:22, 14/11/20 »
I am viewing it from a landowner's perspective. One who accepts access where it should be given. That is where a ROW should historically have existed as I explained in my answer to Mel's question. I'm a bit confused here. Are you talking hypothetically as in the context of the original poster's questions, or are you saying this as a landowner? Either way you sound more like a CLA member than a walker?


No I am not a landowner, but I am trying to see things from a landowner perspective as the OP asked. Until you look at things from other people perspective as well, you can't really see what the problems are. (Hence why I have problems with a lot of what BWW, posts as he just blames everything on the "landed gentry" without even attempting to see things from their point of view)








Mel

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Re: If YOU was the landowner...
« Reply #19 on: 15:57:34, 14/11/20 »
Pack it in the lot of you.  Answer the two questions I asked and take your off topic bickering elsewhere.  How hard is it really?
 
For clarity, it isnít a discussion. 
 
Though it is turning into an interesting exercise in human psychology.
 
Thank you to shortwalker and pdstsp for trying to keep it on topic, now don't go off topic by bickering about the finer details (shortwalker)  ;)
 

ninthace

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Re: If YOU was the landowner...
« Reply #20 on: 16:00:27, 14/11/20 »
Thank you shortwalker for answering the question(s).
 
Ninthace - it doesnít matter how access is gained Ė itís clearly possible.  That is the setting and scenario.  So what would you do, and why?
 
Bigfoot Mike Ė this isnít another discussion about the rights and wrongs.  What would you do if you was the landowner in the above scenario, and why?
 
Pleb Ė and why would you say it?
 
 
 
Donít forget, this is Scenario 1.  Tune in next week for Scenario 2.
Access does matter Mel.  Going through an open gate into a field is more forgivable (i.e. it could be accidental trespass) whereas forcing access by climbing in or bursting through indicates deliberate trespass.
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Mel

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Re: If YOU was the landowner...
« Reply #21 on: 16:06:10, 14/11/20 »

 ::)  definitely turning into an exercise in human psychology  ::)






shortwalker

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Re: If YOU was the landowner...
« Reply #22 on: 16:11:43, 14/11/20 »
::)  definitely turning into an exercise in human psychology  ::)


Now, who is turning this into a discussion? ;)

WhitstableDave

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Re: If YOU was the landowner...
« Reply #23 on: 16:13:29, 14/11/20 »
I think the question relates to something I feel strongly about, so I'll risk a reply.

The route I use most frequently for local walks begins with a PRoW farm track between arable fields. This year, the track is proving far more popular than previously; it leads to extensive woods, and is especially popular with dog walkers.

No fences separate the track and fields, and it angers me to see some owners allowing their dogs to run free across the fields (the owners generally keep to the path). At the moment, the crop is winter wheat and it doesn't seem to occur to some people that the plants can be damaged by frolicking dogs - and I really don't like seeing dogs poo-ing on crops. I've seen it happen, but I've never seen an owner bag the poo!

I hope I've not gone too far off topic - I was tempted to contribute by the dog being off the lead...

As the farmer, I'd insist the dog be kept on a standard lead and allow the walkers to keep to the field edge.

Andies

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Re: If YOU was the landowner...
« Reply #24 on: 16:21:49, 14/11/20 »

No I am not a landowner, but I am trying to see things from a landowner perspective as the OP asked. Until you look at things from other people perspective as well, you can't really see what the problems are. (Hence why I have problems with a lot of what BWW, posts as he just blames everything on the "landed gentry" without even attempting to see things from their point of view)
As I'm sure you realise from previous posts that I tend to agree with almost all BWW says, and I think his background as referred to on here on many occasions demonstrates not only that he has considered the other side of the argument, but that he might actually have been expected to have had the opposite views to those that he expresses. This to my mind lends greater weight still to the argument he makes and I feel confident BWW will respond himself in due course to your assertion that he hasn't attempted to see things from the other point of view O0

ninthace

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Re: If YOU was the landowner...
« Reply #25 on: 16:25:51, 14/11/20 »



I would do the same as shortwalker suggests.  First to get them to bring the dog under control, the wood could have a variety of uses such as game cover or nature reserve.  I would point out they were not on a footpath and would find out why they were crossing the field and then take it from there depending in their response before directing then to the nearest safe exit.


The possibility of a pre existing ROW is a red herring in this scenario is hypothetical and would have to be proven .  As the landowner, I would have no interest in doing that.  There is nothing to gain and much to lose.  If a PROW is established, someone will have to pay for the construction and maintenance of access points.  There is the issue of increased public liability arising from the use of the land and access points.  There is the increased risk of damage to crops or injury to livestock.  In short, as the landowner, there is nothing in it for me but aggravation.
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Andies

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Re: If YOU was the landowner...
« Reply #26 on: 16:32:16, 14/11/20 »
The possibility of a pre existing ROW is a red herring in this scenario is hypothetical and would have to be proven .
Isn't the whole question hypothetical as posed by the OP  :D

ninthace

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Re: If YOU was the landowner...
« Reply #27 on: 16:35:09, 14/11/20 »
Isn't the whole question hypothetical as posed by the OP  :D
True but as a landowner who found someone wandering across a field my response would not be to rush home and ask the council to put my field on the definitive map  toute de suite!
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Andies

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Re: If YOU was the landowner...
« Reply #28 on: 16:53:04, 14/11/20 »
True but as a landowner who found someone wandering across a field my response would not be to rush home and ask the council to put my field on the definitive map  toute de suite!
You clearly wouldn't but in the context I put forward I would have already have made it a ROW  ;)

ninthace

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Re: If YOU was the landowner...
« Reply #29 on: 16:57:36, 14/11/20 »
You clearly wouldn't but in the context I put forward I would have already have made it a ROW  ;)
In which case Mel's hypothetical situation could not have arisen in the first place! 😀


Perhaps all the money made by your ancestors grinding down the poor would have given you  the resources to do it 😄
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