I received the following e-mail from North Area Highways yesterday...
Dear Mr Lander-Stow Thank you for your e-mail referring to issues encountered by yourself and co-riders at Bouchland Lane, Burrington. The lane appears on Devon County Council's current mapping systems as a Category 9 carriageway although a search of older records has produced evidence which suggests the lane may no longer be in the ownership of or maintained by Devon County Council.
The owners of Bouchland Farm and Vallevue both maintain that the lane is privately owned and claim they are able to produce documentary evidence to this effect. Devon County Council are now in the process of investigating the conflicting records and any evidence which the owners of Bouchland Farm can produce. This will hopefully lead to clarification of the issue although as you will appreciate may take some time to complete.
Yours sincerely
NICK MITCHELL Highway Superintendent
Area North Highway Management Devon County Council Civic Centre Barnstaple Devon EX31 1ED
Tel: 0845 1551004 Fax: 01271 388490 Email: Northareahm@devon.gov.uk I spoke to our esteemed RoW guru, Brian Sussex, and immediately set of for the Devon Records Office at Gt Moors House, Sowton, Exeter. I managed to get photos of the tithe maps showing public ownership of the lane with no mention of the lane in the Apportionment therefore reinforcing the claim that it is a County road. Brian has advised me to get a photo of the Finance Act map...back to exeter...as well as the maps made when the Rural District Councils handed the roads back to the County in mid-1900s.....Yes, back to Exeter but this time to Lucombe House. So for the 5 of you that were in the lane on Saturday it looks like we can prove it was a UCR.
I forgot to say...the farm is named Bouchland but on the older maps (1899) it is Boutchland hence the double name at the top of this posting.
-- Edited by Fixer on Friday 18th of September 2009 07:43:30 AM
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
i think part of the recent spate of confrontations on 'new' lanes is due to the fact that many lanes have effectively lay dormant for many years,and the landowner has got used to having sole use or lawning them. With the amount of research that is now being done and our desire to ride somewhere different is upsetting the smug landowners who are claiming the lanes for there own use. Simple answer is ride all the lanes possible on a regular basis!
Hi Tomh, I thoroughly agree with you which is why I'm trying to get to all the problem lanes on a frequent basis. unfortunately this means that my runs are a bit higgledy-piggledy but I enjoy them.
Do you have any contacts at CCC, Truro, for Rights of Way?
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
I've had a great e-mail from Nick Steenman-Clark, Public Rights of Way Officer, Definitive Map Research (N Devon). and I'll be off to see him next week as soon as I can.
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
Great idea Bob i'll bring some cheese and crackers
Your doing a stirling job Andy saving our rights to ride lanes like this one
In Nick Mitchell's email he states " Category 9 carriageway although a search of older records has produced evidence which suggests the lane may no longer be in the ownership of or maintained by Devon County Council" Does this mean no riding until resolved ? And whats a Category 9 ?
That's a tricky question....we can't ride it until the fence comes down so I suppose the answer's no!. Regarding the Class 9 lane that's a weird one. Class 13 means they let it rot and do nowt to it. Class 12 means they're mildly interested in it so Class 9 must be quite good for us.
Now another conundrum....
Bouchland Farm doesn't appear on the Land Registry because it never had to. Now it's up for sale...CLICK HERE..... it will appear on the Land Registry once it's sold.
If you look at the .pdf file from that link and scroll to the last but 2 page....you will see the map of the farm and what they are claiming is a private road....so, you looked? So you also noticed it is the top part of the lane that is tarmac'd not the bottom unpaved bit??????
I'm off to see the North PRoW guy next week and I'll be making an appointment to see Highways, poss Barnstaple, as well.
I'm getting more determined as time goes by.
Haven't heard from the local PCSO about taking a statement yet!
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
I just got impatient and spent £8 and downloaded the Land Registry title for Valle Vue which is, I believe, where the loud mouthed pair came from.
Now another conundrum.... Registered owners are KEVIN JOHN TERRY WATTS and STANICE GAYE WATTS of Valle Vue, Burrington, Umberleigh, Devon EX37 9NF.
Apart from a weird name 'Stanice' there's no mention of a Jean?
Their plans indicate they own Valle Vue and the field opposite but not the road!
You can see the road in dispute beyond Bouchland Farm but it also shows a gate before and after the farm that doesn't appear on the Tithe Maps which are considerably earlier than this one.
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
201-059 Blocked Lane..... another one that could be lost and found...
Torr Hill Farm Spriddlestone
About a mile or so of prime lane, blocked at top by farm by deliberately felled trees and farm rubbish, ploughed out through the center downhill section, gated at the stream end.......
I reported as blocked to DCC some months ago... any one else like to have a look and report lane joins with other half across creek that is ridable, and a UCR marked as no through road at top B**** Lane
Andy, afraid i dont have any contacts at Truro. If i have a problem i generally speak to Adam Hedley about it. He has the contacts.
May be worth sending an email the Estate Agents an email, they will be comitting an offence under the property mis description act if they are advertising it with a private drive
After a lengthy meeting with Nick Steenman-Clark at the PRoW Legal Dept in Lucombe House (Exeter) today, I have proof positive that as of the 25th March 1994 there was instruction given to leave the lane going past Bouchland Farm as an unclassified road. The County solicitor was informed and it was entered on the Land Charges Map on the 8th April 1994. This is the last time the lane we know as R7124 was mentioned and therefore it is the last ruling on the validity of the lane as a public right of way.
I have photos of all the relevant documents if you need/want to see them.
Brian Sussex has been informed and he also has all the photos.
Due to my dogged determination I have brought this matter to the consciousness of the Legal Dept so when North Area Highways Dept ask them to investigate they will get an immediate reply to say it is a UCR. JOB DONE!
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
They are probably waving a piece of paper from the Parish Council asking for the lane to be downgraded or even shut. This forced a site meeting at Bouchland (the owners were there) and it was decided that the lane would remain the same, i.e. a UCR. The County Solicitor was informed and the Land Charges Mapping was endorsed on the 8/04/94. I don't suppose they ever had a letter telling them that and they may be trying to claim the land is now theirs through lack of use. Brian Sussex has user evidence going back quite a few years so that's a no no. There is a law stopping anyone claiming a highway is theirs once it's been a Public Right of Way.
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
It's all been my own money so far but if a vote was taken at the next meeting I wouldn't mind the £8 back it cost me for the Land Registry details for Valle Vue?
It's been instructive....I'm sure that North Highways will get in touch with legal and it'll be sorted out pronto. I'll email them tomorrow anyway.
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I do know where I'm going, but the track it will decide, It's not the destination, It's the glory of the ride!
My personal feeling is that you should be re-imbursed. I don't see any good reason why you should spend your money, without the prospect, at least, of being re-imbursed for the outlay. Your research is, after all, for the benefit of us all (TRF) which includes the TVTR. I will add it to the agenda for the next meeting, until then please continue. I quite like having a 'dog with a bone' on our side!!.
Public Paths have a DCC RoW backed " befriend a path" scheme, and I can see no reason why this should not include all Rights of Way... after all they belong to you and me for all to enjoy whatever yoy wear... wooly hat, jodphurs. crash helmet, of open backed gold lame driving gloves with RangeRover Branding!!!
I think I will befriend *** - 059 Torr Hill Farm... it REALLY NEEDS some friends to open it up!!
Couple of thoughts - if TVTR prepare a 'account' for costs involved then you should be able to get 'matched funding' from national TRF for any such work and expenses. I know Devon and several other groups have done so. Send an email with details to the treasurer@trf (that is if there is a TRF after the next AGM)
Re: contacts at CCC - the dust has only just settled from the One Cornwall reorganisation - loads of change of personel but if it's an obstruction/enforcement issue Linda Holloway is enforcement officer for the ROW team -
mailto:roadstransportandparking@cornwall.gov.uk
should get to her
I'm working on getting uUCRs out from under the highways department but until then they will be first point of reference for nearly all Cornwall lanes (uUCRs) that is.