West Cumberland Times-Saturday, August 6, 1938 - RAMBLING NOTES
Emily Smith
West Cumberland Times-Saturday, August 6, 1938
RAMBLING NOTES
Ramblers and Trespass
Holidays are the general thoughts of the present moment, and many will be taking a walking holiday, one of the best and healthiest ways of seeing the country. Some will be seeking new districts, others revisiting old favourites, but in both cases, all will be endeavouring to find new walks. But often the walker will find a pleasant route suddenly barred by a conspicuous notice, "Trespassers will be prosecuted."
The less experienced rambler will often turn back and miss what may have proved a delightful walk, or it may mean a big detour to reach the objective. So a few notes on this subject at this period may save many anxious moments.
First of all, let it be quite clear, one cannot be prosecuted for trespass alone. A mere exhibition of a notice does not destroy rights which may already exist. There may be a right of way over the guarded territory.
The public have a right to pass over any right of way, whether it be a mere field path or a well made lane; in the eyes of the law, both are public highways.
When a footpath has been used by the public without restriction for more than 20 years, and unless the owner has stated that it is a privilege right of way, in which case he has power to close it at any time, the law presumes that at some time or other the owner of the land dedicated that portion of it to the public for the purpose of passage.
A right of way allows the pedestrian to pass along it without hindrance. He has no right to stop for any purpose or use it for any other purpose than that of passage. He must do no damage and must leave things as he found them.
While the rambler cannot be prosecuted for trespass, he may be prosecuted for damage. Supposing the footpath led through a cultivated field, if the walker steps off the path on to the crops, he is doing damage and can be made to pay the amount of damage assessed.
Ramblers should not let a trespass notice prevent them following a footpath or lane unless it is on private property such as the railway or somebody's garden, and should the landowner or his servant attempt to stop the walker, the latter can demand to be shown to the nearest public highway, and need not necessarily turn back if it means a much longer way.
If stopped on a footpath, the best method is to offer to pay for any damage done—the owner cannot charge you unless he can prove you have done damage—and ask to be shown to the nearest highway. The matter should then be reported to the nearest Ramblers' Federation or Footpaths Society.
If it can be proved that the landowner is wrongly stopping people from using a public footpath, he is liable to be indicted and may be punished by a fine or imprisonment or both. If he continued to prevent passage after conviction, he can be sent to prison for contempt of court.
No action can be brought against him by an ordinary member of the public, unless such member has suffered injury while on the said highway. He can claim compensation for injury to person or belongings caused by faulty stiles, barbed wire or anything due to the fault of the owner. It is also a by law in most counties—Lancashire adopted in this summer forbidding bulls to be let loose in a field through which passes a public footpath.
The Eskdale Fund
The Ramblers' Association appeal for donation towards the £1,500 required to save Eskdale from afforestation has not yet met with a very wide response. Only£1 8s had been received from 9 donors last Saturday, though several clubs have collected sums which will not be received by the Federation until next week.
A great deal of hard work has been put in by the committee elected to meet the Forestry Commission, and now that they have accomplished their work to the satisfaction of all, it is left to others to show their appreciation by subscribing to the fund required., to make their work effective. Every 6s subscribed secures public access in perpetuity to an acre of the estate in Eskdale and Dunnerdale and ensures that there will be no afforestation at all on that part of the estate which lies in Eskdale. Will you save one acre?
It is unfortunate that this appeal should fall at a holiday time, but surely a shilling or two can be spared even then. Please send your donations before August 8th to The Ramblers Association, Eskdale Appeal fund, The Treasurer, Mr. H.H. HANNA, 28, Peter Street, Workington.
Fixture
Workington Ramblers, August 7 th, 8-30. Ullswater district.
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Emily Smith