Quote:
Originally Posted by Adam Cheeseman  You have to have used a 'path' for at least 20 years continuously and be able to prove it for it to become a PRoW. |
and even then its not a definite as to start with you would have to convince the local council RoW dept that it was worth creating (you would have to show that it was in regular local use, and that there wasnt another easy route to use) then the creation order would probably go to a public enquiry if there were objections.
One thing tho if you could show that there was a path here before the initial gravel extraction started which should have been claimed in 1949 but wasnt for some reason you would have a chance (though not a certainty) of having the path claimed and added to the def map now (again you need to show that thr path was in regular public (not private) usage) - tho again this would almost certainly be subject to a public enquiry. Try looking at old (pre 1949) maps and parish records etc.
I'd suggest you contact your local RoW dept field officer (west berks for you I think) who will be able to advise you as to whether you have a possibility of a case before you waste a lot of time.
One other point is that although you dont have a right to use the "path" the gravel extractors still have a duty of care even to trespassers and thus as remiss in stretching cables accross a well known desire line - tho if they have fenced the site off and signed it as private they are probably fullfiling the duty of care