pathway between david's road and devonshire road
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sententia
Posts: 2
Joined: Apr 2008
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20-04-2008 02:44 PM
Does anyone know if this path is actually a right of way? It's shown on the map at Forest Hill station and on the A to Z? But sometimes the church closes and locks the gates with a padlock?
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brian
Posts: 2,002
Joined: Apr 2005
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20-04-2008 03:09 PM
If you look at the archive , going back about 2 years , then should oe there.
At the time the church closed it I protested but seems nothing could be done.
In my opinion it had been a de facto right of way probably at least since the war so not sure how it could just be closed.
Was a good cut through from Devonshire to Back of Sainsbury's
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sententia
Posts: 2
Joined: Apr 2008
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20-04-2008 07:51 PM
Thanks for your reply Brian. I had a look for the archived thread and couldn't locate it. I think I remember reading it about two years ago, which is what prompted my question.
Does that mean everyone has given up on the path now? Seems a shame as if people don't use it, if it was a right of way it will lapse..
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roz
Posts: 1,796
Joined: Mar 2005
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21-04-2008 11:57 AM
I don't think rights of way can lapse that easily. It is illegal to block a public right of way unless there is something in the title that enables the landowner to do it from time to time. It can be challenged.
However I admit I was one of the people who wasn't too keen on it for security reasons as I often walk past it at night and was concerned about it. I suspect it is closed off because it was being used for unsavoury purposes.
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admin
Administrator
Posts: 411
Joined: Dec 2002
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NewForester
Posts: 379
Joined: Feb 2008
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21-04-2008 01:54 PM
According to Lewisham's own web site
The concept of public rights of way does not apply to inner London Local Authorities
In inner London boroughs all roads, pavements, footpaths etc. are defined as Public Highway, Highway or Private. It appears that this pathway falls under the category "Private" as it does not appear on the Highway Register which means that it is the responsibility of the landowner. Landowners can limit access to Private roads and paths in any way they feel appropriate (i.e. gating etc), and as the owner of the land they are responsible for maintaining them.
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