Is it legal?

York Press: Is it legal? Is it legal?

LENDAL Bridge closure, is it legal? Possibly not. In English law there are laws known as easements.

The one known as easement by prescription interest me.

An easement by prescription is acquired by a person or persons crossing land not owned by them to access land owned by them and crossing for 20 years or more.

An Easement cannot be owned by a person or persons; it is owned by the land and is transferred with the land when change of ownership occurs.

I may be wrong, but I would like to think that there is a possibility than tens of thousands of people crossing Lendal Bridge since it was declared free of tolls in 1894 have created an easement by prescription, which cannot be quashed by one person or landowner by his or her self actions.

This might even be relevant to closed roads around this city. Therefore there may be a right of way to cross Lendal Bridge by whatever means they might like to use. Not being legally trained, I would like to hear comments from suitably qualified citizens of York and its surrounding area who have better knowledge than myself on this matter.

Lastly, I would like Coun Dave Merrett to ease my thoughts concerning the above observations. If he does not reply can we all assume that there may be some truth in this letter?

Paul Whattam, Whitethorn Close, York.

Comments (5)

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3:30pm Sat 5 Apr 14

oi oi savaloy says...

I'm interested to know what the 21 exemptions on Lendal are?

1, Buses
2, Taxi's
3, Cyclist's
4, Pedestrian's
5, Emergency Vehicle's

So what or 'whom' are the other 16 ?? Anybody know??

http://www.york.gov.
uk/info/200174/plann
ing_and_building_con
trol/686/reinvigorat
e_york/3
What does this mean for businesses?

A more attractive city centre and a better experience for residents and visitors will attract more people to the city centre boosting the local economy.

Will vehicles be permitted access?

Yes, the bridge will remain open to buses, taxis, private hire taxis, cyclists, pedestrians and emergency vehicles at all times.

Can cyclists use Lendal Bridge?

Yes, the bridge will remain open to cyclists at all times.

Can disabled drivers use Lendal Bridge?

No, disabled drivers are not exempt from the restrictions during the trial periods.
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I'm interested to know what the 21 exemptions on Lendal are? 1, Buses 2, Taxi's 3, Cyclist's 4, Pedestrian's 5, Emergency Vehicle's So what or 'whom' are the other 16 ?? Anybody know?? http://www.york.gov. uk/info/200174/plann ing_and_building_con trol/686/reinvigorat e_york/3 What does this mean for businesses? A more attractive city centre and a better experience for residents and visitors will attract more people to the city centre boosting the local economy. Will vehicles be permitted access? Yes, the bridge will remain open to buses, taxis, private hire taxis, cyclists, pedestrians and emergency vehicles at all times. Can cyclists use Lendal Bridge? Yes, the bridge will remain open to cyclists at all times. Can disabled drivers use Lendal Bridge? No, disabled drivers are not exempt from the restrictions during the trial periods. -------------------- -------------------- -------------------- -------------------- ------------- oi oi savaloy
  • Score: 5

4:48pm Sat 5 Apr 14

AnotherPointofView says...

Mr Whattam, I shouldn't hold your breath waiting for a response from Merritt. Apparently he considered resigning earlier this week (as reported on Minster FM). It's a shame he's not a man of action and carried out that threat.

Personally I would rather he be sacked. Whichever, he should go now. It's a complete debacle. The "trial" is long since over. Non of the objectives have been met. It's just being pig headed that the restrictions are still in place.

Alexander who was leading from the front before this last week is now heckling from the back asking for an internal enquiry. Is that really LEADERSHIP?

Roll on the local elections next year. They can't come soon enough.
Mr Whattam, I shouldn't hold your breath waiting for a response from Merritt. Apparently he considered resigning earlier this week (as reported on Minster FM). It's a shame he's not a man of action and carried out that threat. Personally I would rather he be sacked. Whichever, he should go now. It's a complete debacle. The "trial" is long since over. Non of the objectives have been met. It's just being pig headed that the restrictions are still in place. Alexander who was leading from the front before this last week is now heckling from the back asking for an internal enquiry. Is that really LEADERSHIP? Roll on the local elections next year. They can't come soon enough. AnotherPointofView
  • Score: 16

10:38pm Sat 5 Apr 14

Stevie D says...

Easements only apply to public rights of way, which in turn only apply to manual propulsion – walking, cycling and horse-riding. These are the only forms of transport that can use a path or highway as of right. The same law does not apply to motor vehicles – otherwise, every retrospectively fitted restriction would be unlawful, and it would have been spotted before now!

No, the closure of Lendal Bridge is perfectly legal and sound, the problem has just been with the enforcement, where they wrote the wrong words on the penalty notice.
Easements only apply to public rights of way, which in turn only apply to manual propulsion – walking, cycling and horse-riding. These are the only forms of transport that can use a path or highway [italic]as of right[/italic]. The same law does not apply to motor vehicles – otherwise, every retrospectively fitted restriction would be unlawful, and it would have been spotted before now! No, the [italic]closure[/italic] of Lendal Bridge is perfectly legal and sound, the problem has just been with the [italic]enforcement[/italic], where they wrote the wrong words on the penalty notice. Stevie D
  • Score: -6

2:23am Sun 6 Apr 14

Magicman! says...

These anti-closure letter writers really ARE clutching at straws now! What next, some old medieval law about the right to take oxen on carts across the river??!

It's getting quite funny now.
These anti-closure letter writers really ARE clutching at straws now! What next, some old medieval law about the right to take oxen on carts across the river??! It's getting quite funny now. Magicman!
  • Score: -9

6:16pm Sun 6 Apr 14

YOUWILLDOASISAY says...

Magicman! wrote:
These anti-closure letter writers really ARE clutching at straws now! What next, some old medieval law about the right to take oxen on carts across the river??!

It's getting quite funny now.
The 1689 Bill of Rights act was a result of the struggle between the Stuart Kings and the English people and Parliament. The act basically enshrines a citizen’s right to resist arbitrary fines without first being convicted of an offence in a court of law.

The interesting thing is that it does not seem that the act has been repealed and therefore may still apply.

Best I can do, I know it's not old medieval (can't find any new medieval ones).

Not to be taken too seriously, but the law still exists.

LOL.
[quote][p][bold]Magicman![/bold] wrote: These anti-closure letter writers really ARE clutching at straws now! What next, some old medieval law about the right to take oxen on carts across the river??! It's getting quite funny now.[/p][/quote]The 1689 Bill of Rights act was a result of the struggle between the Stuart Kings and the English people and Parliament. The act basically enshrines a citizen’s right to resist arbitrary fines without first being convicted of an offence in a court of law. The interesting thing is that it does not seem that the act has been repealed and therefore may still apply. Best I can do, I know it's not old medieval (can't find any new medieval ones). Not to be taken too seriously, but the law still exists. LOL. YOUWILLDOASISAY
  • Score: 3

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