Quote:
Originally Posted by Neil
Who is at fault though for not installing the signs, the farmer or whoever says that footpath is a safe public right of way? Also if she did wonder off the public footpath whoose fault is that? I don't think the farmer should have to signpost a path which is not in reality his. If it was his he could close it off when it is not safe to use, he can not close the footpath as it is a public right of way.
If he can not close of the path when it is dangerous to use then he is in effect being denied the use of his own land.
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These are all points that will be raised in court. As I have said time and time again, the law isn't black and white, nor does it provide simple yes and no answers to every problem. If it did we could just use computers to solve the problems.
I haven't studied land law yet, at least not in any depth, so I do not know which result is likely. Will just have to wait and see.