Footpath Troubles

 Illegal - Electric fence for horses blocking footpath

Illegal - Surface unfit to walk on caused by horses. The electric fence keeps the horses to the footpath. The green stuff at the bottom is not cabbage but lichen. lol

This is the stile at the other end of the footpath. Do you get the impression one is not really wanted. 

Irate woman " Get out of my garden"

Me " This is a public footpath"

It's best to stay calm. Do not get angry, bide your time, take photographs. The law is against them.

The madame has a garden each side of the footpath. It looks like there is not a right of way. I knew it was a footpath as I had looked at the ordnance survey map before setting out.
Footpath signs have been removed both ends as well.

There is an issue in another field where a stile is "missing". A new fence has been errected "sans" stile.

I will be looking for an informal agreement with the farmer to use the gate at the top of the field instead. Not legally binding but good enough for us. 

Things to do.
Monday morning ring Flintshire County Council to make sure footpath is on the authority's Definitive Footpath Map.
I have already asked FCC to put footpath signs back up. This is going through the motions.
They would have looked at the definitive map before starting the job.

Then I intend to set the dogs of war on her!

No not really. Hope not have to get Klaus out the box.

1. Get in touch with Cllr Hilary Isherwood as it's on her patch.
2. I want a polite apology off the lady " a misunderstanding, etc. (you joke)
3. Electric fence removed from footpath
4. Footpath surface reinstated.
5. Assurance that we will not be attacked by the two horses as we have dogs (on leads)
(Another farmer killed today by a cow whilst tagging her calf)
http://www.dailymail.co.uk/news/article-1263043/Farmer-trampled-death-cows-daughter.html

FCC have a duty with regards the above.
If they don't do its off to the Welsh Ombudsman.
I do not expect to get that far.

A resident in Penyffordd who spent a £1000 on a gate over a village footpath in attempt to stop the yobs messing around the back. FCC made resident remove gate.............

Further options.
1. Join the Ramblers Association. Cost £30 per annum
2. Email Klaus..............Cost free, if he takes the bait.

Any further agro will reported to North Wales Police as harrassment.

Notes
1. The Authority owns the footpath surface.
2. In England and Wales once a footpath always a footpath. Unused footpaths cannot be taken away.
3. Not all footpaths are public rights of way.
4. Legally footpath is considered as the Queen's highway. It has the same legal rights
as a trunk road.
5. It is illegal to plough up or disturb the surface so as to make it inconvenient to use.
6. Owners are supposed to look after stiles and gates.
7. If owner will not reinstate disturbed surface, the authority may repair the surface and send the bill to the owner.
8. Bulls more than 10 months old are not allowed in fields with public footpaths.
( Cows with calves should be avoided at all times if you have dogs, even without dogs there is still risks, 5 people killed last year by cattle in UK).


Links
Open Access      
Public Rights of Way
Basic Footpath Law
Ramblers Association
Rights of Way Law