canal towpath query

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Bexmay

Bexmay

Regular
oh and depending on who you've emailed at BW it can take forever (or never) for them to reply.
 
Globalti

Globalti

Legendary Member
How can anybody "legally close" any route? I've often wondered when I've seen (and ignored) "road closed" signs. Surely you would need to get some kind of statutory order like the highways authorities do sometimes but how would they actually enforce the closure? Could you be prosecuted for using the road?

In the same respect, I have often wondered about the right to cycle on footpaths - my belief is that it's not illegal, i.e. a crime, to cycle on a footpath but you simply do not have the same legal right of use that you enjoy on a bridleway, am I right?
 
N

Norm

Guest
Globalti said:
How can anybody "legally close" any route? I've often wondered when I've seen (and ignored) "road closed" signs. Surely you would need to get some kind of statutory order like the highways authorities do sometimes but how would they actually enforce the closure? Could you be prosecuted for using the road?
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Canals and tow paths are indeed usually "legally" opened and closed by Acts of Parliament. In the case of the K&A we are discussing here, that was specifically the Kennet and Avon Canal Act, passed in 1794. Whilst its closure was discussed in parliament, it was rejected although the nearby Wilts & Berks Canal was, I believe, closed by an Act of Parliament just before the Great War.
 
Globalti

Globalti

Legendary Member
OK but does closing a route or road mean there's a statutory prohibition on its use or does it mean you simply no longer have the right to use it? Could you be prosecuted for nipping down a closed road or a footpath?
 
al-fresco

al-fresco

Growing older but not up...
Location
Shropshire
Globalti said:
OK but does closing a route or road mean there's a statutory prohibition on its use or does it mean you simply no longer have the right to use it? Could you be prosecuted for nipping down a closed road or a footpath?
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The old sign 'Trespassers will be prosecuted' was ever a lie. In England and Wales trespass (until the Blair government invented 'Aggravated Trespass') is a civil matter so you can't be prosecuted for it but you can be asked to leave and, if you refuse, ejected using 'reasonable force.' You can also be sued for damages.

(Not that any of that ever stopped me....)
 
Globalti

Globalti

Legendary Member
I understand about the difference between statutory and civil and the fact that you can't be prosecuted for trespass, but I've always been curious to know the effect of a road closure as well as the legality of actually riding on a footpath. In a nutshell, is it positively ILLEGAL to use a closed road or towpath or ride a bike on a footpath or is it simply that you do not have the right? Rights of way are enshrined in English law and to impede or hinder someone's right of way is treated as an offence in some cases.
 
N

Norm

Guest
That depends how it has been closed. Amongst other groups, the Police, councils and Parliament all have the powers to change rights of way or 'close' roads, I believe, but, unless there is a specific by law covering that piece of land (some land can have you arrested as a terrorist for being it) or it is an active construction site, i doubt much more than "Move along, please!"
 
OldManBike

OldManBike

Member
Location
Aberbargoed, S Wales
Interesting thread which I really enjoyed reading, especially as I'm going to peddle the Pontypool to Abergavenny Monmouth canal towpath next week. I'm told its about 30 miles round trip, perfectly flat, good path surface, and plenty of pubs en-route. Will take some pics and post them when I get back. Anybody local out there who would care to join me, drop me a pm.
 
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