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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9594
Experience:  I have been practising for 30 years.
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12/07/2016 08:07 Al, Thank you follow up, really appreciated

Resolved Question:

12/07/2016 08:07
Hi Al,
Thank you for your follow up, really appreciated and advice.
I would like to know what are the minimal dimensions for a bridal access for a horse to use the bridal path and if a horse cannot use it safely, would it be unfit for propose ,( a zigzag small path, with very acute sharp edges).
If the local council refuse to have it stopped up, what are the other legal challenges and how do you go about proceeding
to obtain a fair result?
Kind regards,
Frank
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola,
Thank you for your help.
Al was on the case but he has not responded.
I would like to wait please and to find out what is the legal dimensions for a bridal path which has not been used by a horse for over 25 years? The path is not the same path when it was used in the 18th century.
It was designed for pit a pony, which is quite a small horse.
Can the local neighbourhood use it as a short cut ?
If you read my first question, it gives the back ground.
Kind regards,
Frank
Customer: replied 1 year ago.
It does not matter how long it takes, as I can wait.Kind regards,Frank
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 1 year ago.

I will try to assist you with this. I have read by colleagues answer which I completely agree with.

What are you trying to achieve here, to get the path to refer to your mother? Although it may not have been used as a bridleway, is it used by the public at large as a footpath?

Customer: replied 1 year ago.
HelloCustomerThank you for your email.
My question is this, when is a bridal path not a bridal path?
It is not used by the public, horses, bikes,and cycles.
Kind regards,
Frank
Expert:  F E Smith replied 1 year ago.

Does no-one use it at all? Is it impassable or just awkward? How long has it been like that for?

Have a look here at 12A 1 (3) (a)(iii) and (b)(iii)

Customer: replied 1 year ago.
Nobody uses it at all, it is impassable as the council does not keep it well and the grass grows very high, but my mother would attend to it. When she is ill, she cannot attend to the grass area.
Could you please tell me what 12A 1 (a)(iii) and (b)(iii) is?
Where can I find the above?
How does it relate to my mothers situation?
What is the best direction to take the above.
When can we put it in to action?
Kind regards,
Frank
Expert:  F E Smith replied 1 year ago.

I’m sorry, there should have been a link which hasn’t appeared for some reason.

It is the highways act 1980. It gives the dimensions of a bridleway.

http://www.legislation.gov.uk/ukpga/1980/66/contents

as the previous expert said, provided you can prove that it is impassable and no one has used it for years, and provided the local authority don’t object, then you can apply to the magistrates court for a stopping up order. In that case, the land will revert to the original owner.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9594
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear FE Smith
Thank you very much for your help and advice
I could not find the dimensions on the link,but thank you all the same.
Kind regards,
Frank
Expert:  F E Smith replied 1 year ago.

Sorry, Try this one Schedule 12A 1 (3) (a)(iii) and (b)(iii)

http://www.legislation.gov.uk/ukpga/1980/66/schedule/12A