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Thread: Access to river Avon Warwickshire

  1. #1

    Default Access to river Avon Warwickshire

    Hi folks brill site and I'm a newbie but have canoed all my life.

    Has anyone has issues or problems on Avon top bit at all..not allowed access etc.

    Cheers again
    M

  2. #2

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    They certainly have! There have been a few issues we have been made aware of particularly:
    - Issues through the deer booms at Charlecote Park - but a successful resolution to this is very imminent! National Trust have funded and installed new portage points around the booms, and are welcoming canoeing throughout the year (they are asking that in nesting season the group size is kept to five boats or fewer). More on this very soon hopefully!
    - A land owner at Sherbourne has had issues
    - There is a weir at Rock Mill where a land owner has blocked a portage route.

  3. #3
    Join Date
    Jan 2006
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    Bucks
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    If a landowner (or his predecessors) build an obstruction to a right of way, especially if it is potentially dangerous, then they must surely allow or be deemed to have allowed a right around such obstruction by the most convenient path. If a weir is built, it will be in contravention of ancient laws but if they have been granted a right to construct it, there must be a passage around as part of this grant.

  4. #4

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    Quote Originally Posted by Adrian Cooper View Post
    If a landowner (or his predecessors) build an obstruction to a right of way, especially if it is potentially dangerous, then they must surely allow or be deemed to have allowed a right around such obstruction by the most convenient path. If a weir is built, it will be in contravention of ancient laws but if they have been granted a right to construct it, there must be a passage around as part of this grant.
    This is very much the case we do - and have - made on this issue. Especially considering the safety implications of refusing. The issue is that the land owner disagrees that any such ancient, modern, statutory or common law right exists. When they are backed in this by a legal team the only potential solution is a very costly and uncertain legal case. As was found on the River Dove, such a case may not even be possible without getting the Attorney General to take forward the case.

    If it was accepted that the river was a public highway, you could also apply for a Public Footpath (or potentially even a lesser easement due to the use being by a particular group of 'the public') at the site due to the length of use. But such a right would need to connect one 'public place' to another, so while there is dispute over the river being such it wouldn't succeed.

    These issues show why continued campaigning and work to rectify the situation is needed - either through confirmation of the General Right of Navigation or through new law as in Scotland (and hopefully Wales!). While ever the situation is disputed dealing with these issues is complex at best.

  5. #5

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    aha I seen .

    Its very complicated isnt it and you can see just how the landowners work. They know its really and always has been full access/navigable for all - but it would have to be someone really having big cash and or impetus to prove its always been there - as for years the bluff has worked.

    Funny angle as normally you need to prove someones done a robbery before sending to prison - not send to prison unless someone can prove they didnt do it !!!... only joking (:-)

    I guess they bet on no-one standing up as most have day jobs no spare time and arent campaigners,...That explains it perfectly.

    Time for us all to really support any campaigns properly - as its numbers that matter isnt it.

    Surprises me about the NT though.... as theyre not the old Skool aristocracy and even on telly promoting all their properties - as they will always need the funds. The places are fab and Im a member.

    Why've have the ginourmous floaty things across the river - seem big enouigh to stop the Titanic and such an eyesore.

    If they were removed No-one would need to disturb the deer and simply paddle by.

    Surely all they would need to do is put an eleccy cattle type fence along the river bank and if it was aesthetics they worrying about they would never be seen.....still perhaps Im missing something.

    fantastic job all at BC and thank goodness weve got people like you guys

    M

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