On Fri, 9 Jul 2010 19:50:10 +0100, "Peter Masson"
wrote:



"Charles Ellson" wrote

Is it actually a right of way? I wouldn't be so sure that it is.

If it isn't then an appropriate sign ought to be in position.

There are other ways of ensuring that a way does not become a public right
of way by presumed dedication. One is to close it for one day a year, and
retain evidence of having done so. It is also possible to deposit a map and
statutory declarations with the highway authority. But I agree that the
normal way is to post a sign.

IMU the purpose of the Highways Act signs was to do away with the
faffing about of closing one day a year and allowing people to pass
only after being granted permission to do so. Where a path/road on
railway land was not a highway before 1949 it is statute-barred from
becoming a highway by prescription anyway (s.57 British Transport
Commission Act 1949 as referred to in
http://www.nelincs.gov.uk/committees...tFileFromDB ).