How I got tangled up with the Beeb is another story, but suffice it to say that my kitchen table has hosted a team from Countryfile and, separately, a nice man from Radio 4. It’s true what they say about sound men by the way, they eat everything. Reporters are more discriminating and Michael Buchanan (this was before he became famous and important) was kind enough to praise my pizza recipe. But I digress.
The law of the land about rights of way suffers from poor drafting and even poorer development via case law. A spectacularly bad ruling by an eminent judge who should have known better ruled that once an application to re-open a forgotten ROW is made, those opposing the application have to prove that it does not exist. Someone whose property may be crossed by a footpath which physically cannot have been used for centuries can find himself trying to prove the negative. It’s difficult to prove that a remark in a vicar’s diary (“Today I went to see Old Mr Noakes . Walked along the footpath by Jenkin’s farm to his cottage. Daffodils early this year.”) does not mean that a ROW exist today, or a line on a map marked ‘Footpath for Miss Folkes’ does not mean that the Chairman of the Enclosure Commission’s sop to Miss Folkes, his aunt, imposes such a right two hundred and fifty years later. That’s why most rules of evidence rely on the positive, not the negative. “There’s a line on a map, is it the correct sort of line, does it exist in law?” That is the correct question. “There’s a line on the map therefore it’s a right of way, prove it doesn’t ” is not how things should be done.
Anyway, along came the Beeb from Radio 4. Mr Buchanan is a polite and conscientious man and together we walked Miss Folkes’s path as I explained the law. We agreed that the law was bizarre, with our only point of disagreement the desirability of walking along a route that went from one low-lying property to another low-lying property over a low-lying field. He hails from the Hebrides and as such considers anything less than a semi-vertical scramble as not being worth the effort. I think it was broadcast on Farming Today and it was reported straight. Then came Countryfile.
When you see a clip on a Beeb programme it’s easy to forget that even when it’s merely a few minutes interviewing a simple rustic it is the result of several takes, of side issues explored and discarded, of decisions made by producers who have an agenda and who cut and paste and stitch, omitting anything that undermines their narrative. It’s not the fault of the cake-gobbling sound man, the person with the clipboard or even the amiable Tom Heap, it’s the faceless, unaccountable people sitting in offices far from the reality.
My narrative was the injustice of the current state of Rights of Way law which had cost five of us £25,000 to oppose a footpath that was never a right of way, had cost the county £30,000 to process and had cost the applicant two second class stamps, but Tom had a better idea. He wanted his interview to bring out the human side of the story, the effect the faulty process had and still has on little people, the people who cannot fight the ramblers, the big horse riding associations, the footpath fanatics who see only the law and not the human cost. So he asked me to articulate why, having won our case already, I was so anxious to bring the chaotic mess to his attention. It took two takes.
“Everyone who owns a house, a garden or a little piece of land is at risk. A line on an old map found in an attic, a chance mention in a letter or diary, a few stones turned up by someone digging a trench, any one of these can, as the law currently stands, resurrect a path that has not been walked for hundreds of years. Everyone is vulnerable to the injustice of this law. It could be you.”
Tom nodded, pleased, when he put his microphone away.” Yes,” he said. “Shivers down the spine.”
They cut that bit out.
It’s not what the Beeb tells you. It’s what they hide.
Well Julian. Your point is, of course, not what we’re told but what is hidden. You are quite right and it goes way beyond the beeb and even the media generally.
As it happens though, I was recently attacked from the opposite direction to your example.
I was walking my dog along a private road. That as far as I’m aware is not a ‘right of way’ but nor is it ‘forbidden’ or subject to being sued for trespass (unless it can be proved I have caused damage.)
Lo and behold, a local tin pot dictator barred my way and said how would I like it if he walked through my garden!
O.K. It’s very different to your example and you have made a valid point, or three!
Sorry Pauline but PRIVATE means PRIVATE. So the question remains, would you like it if he walked his dog through your garden ( along with hundreds of others ?) because it’s not just ‘ nice old you’?
See Boundaries and Easements by Colin Sara, published by Sweet and Maxwell 1991. Chapter 18 addresses “Rights and Way and Parking”.
This is an authoritative legal book that can be cited in court. In a case where I was the defendant acting in person, both I and the barrier acting for the plaintiffs had a copy of this book in front of us. The judge deferred judgement and borrowed the barristers copy for his own enlightenment.
The Ramblers so called ‘Lost’ paths campaign has to one of the most misleading pr stunts they have ever attempted.
49, 000 MILES NO LESS !
They have failed to mention that there is a 30 year backlog with local councils and no effective legislation to bring these ‘new’ paths into existence.
They have failed to mention that these 49,000 miles will be on private land, maybe a garden or a school.
They have hoodwinked their members and the public, and the story in entirely one sided.
This is a disaster in the making.
But it is a limited disaster, one family here, one individual there. Their welfare doesn’t matter compared with the freedom for all and sundry to walk through their garden or, in one case near here, through their house.
I may need to write the next piece.
JF
I should have written ‘they don’t think individual rights matter compared to the freedom for all and sundry’
The legal philosophical “argument ” of “the common good” will I fear be used to force e.g mandatory vaccination on dissenters. . Of course it’s not for anyone’s good except Big Pharma’s, to pump into everyone a dangerous untested vaccine that messes with DNA and contains God knows what. But it’s Newspeak-ese for “for the good of the totalitarian state.”
This topic has been discussed in Zero Hedge and UK Column.
Two sides to every story Julian. Overall I am on your side. Individual rights are more important than some bureaucrat’s idea of what is ‘right’ for all and sundry.
I think it IS a disaster waiting to happen and for quite a few reasons besides the victims of claims. Remember, these claims do not necessarily turn into hundreds of miles of extra lovely countryside for people to walk in ( NB they’ve already got 140,000 of those anyway!).
They ,in fact, stay in the ‘system’ for an indefinite period of years, keeping council employees and rights of way officers in secure jobs with a nice pension paid for out of the public purse. Then after 30 or 40 years ( will increase to 100’s if ramblers get their way) it finally gets to a public inquiry and that costs the public purse a few more thousands. Not much public benefit so far then!
Let’s now move on to agriculture and farming. Is that to be sacrificed and the beautiful British countryside turned into a major theme park purely there for tourists and rich retirees to the idyllic post card village with a thatched cottage and roses round the door?
I see it every day in my ‘picturesque’ village. The great British exodus to the country do not want to hear the Church clock continually strike.They do not want mud on the lanes from any farm tractors that are left. They complain about any new houses being built ( but only once they have their own nice peaceful retirement house with any footpaths for them to enjoy at a suitable distance.)
So, with hundreds of extra footpaths,Bridleways,4×4 groups, cyclists, motor-cross and tourism who is doing all the work and contributing to the growth and economy of the country, never mind the maintenance cost? Is that for the wider public to subsidise too?