Quote:
Originally Posted by eeyore  technically thats not so - under the 1949, 1968 , and 2000 access acts being on a public right of way only gives you the right to freely pass and repass by the permitted means. It does not give you the right to do anything else including take pictures - these activities would be covered by whatever bylaw covers the land through which the footpath passes. |
'Technically' would need to be tested in a court of law. Can they prohibit you from wearing a red hat or from flying a kite as you walk along? Perhaps but I doubt they (or any other "landowner") would try it.
Why? Because any 'offence' would be a civil one therefore the landowner would have no power to make you desist, to impound your photographs (how, on a digital camera?) and would then have to take you to a civil court (very expensive and time-consuming) and
then to prove that you had taken a photograph of their land - as opposed to that you were taking pictures of something off of their property or, indeed, that you had taken any photographs at all! I suspect that, if this ever came to court, there would be a campaign to emphasise that the
National Trust is exactly that - it belongs to
all of us.