OLd man In the woods

Boarboy

Well-Known Member
I don't know if this strictly comes under legal, but I thought id tell you about a recent situation. An old boy who lives in our area has walked our woods for years taking wildlife photos. I think my grandfather gave him permission many years ago, verbally. I think also that he lives in the village he believes he has the "right" to go where he pleases. Anyhow, today, I saw him casually walking across the fields towards our woods and I old him, and explained, He wasn't to wonder where he pleases anymore as I now have stalkers going in the wood, and they're not to know that he's wondering about as he likes. To my surprise he started to argue his case saying "they should learn to aim better!!". I didn't know what to say really, I was a bit taken back.

So i've just put this up here as im sure many of you have had similar situations, and maybe some pointers if any backlash occurs? Maybe something I need to look out for to stay on the legal side if some 20 years ago he'd been allowed to walk there.?
 
I don't know if this strictly comes under legal, but I thought id tell you about a recent situation. An old boy who lives in our area has walked our woods for years taking wildlife photos. I think my grandfather gave him permission many years ago, verbally. I think also that he lives in the village he believes he has the "right" to go where he pleases. Anyhow, today, I saw him casually walking across the fields towards our woods and I old him, and explained, He wasn't to wonder where he pleases anymore as I now have stalkers going in the wood, and they're not to know that he's wondering about as he likes. To my surprise he started to argue his case saying "they should learn to aim better!!". I didn't know what to say really, I was a bit taken back.

So i've just put this up here as im sure many of you have had similar situations, and maybe some pointers if any backlash occurs? Maybe something I need to look out for to stay on the legal side if some 20 years ago he'd been allowed to walk there.?

Make it known to others, that you have informed him that he may be placing himself in danger? And obviously let the stalkers know too.
 
He should be in no danger everyone should make sure of a safe backstop. What about Scotland with the right to roam. This does not mean that he is not trespassing
 
Why should a walker be placing himself in danger ?

Don`t you trust the stalkers ?

Exactly.

I stalked my Red Stag in Glen Lyon and when checking zero on the "range" the gillie asked me to stop. He had seen the two hikers coming up behind us and we then watched them walk past us and across my line of fire.

Memo to self, always check behind in Scotland!

Stan
 
The danger element may not be the only reason. What about the fact he would be disturbing the deer. I think if I'd paid to sit up a high seat in private woodland to have someone walk through there and push out the deer I'd be a bit miffed.
 
I don't know if this strictly comes under legal, but I thought id tell you about a recent situation. An old boy who lives in our area has walked our woods for years taking wildlife photos. I think my grandfather gave him permission many years ago, verbally. I think also that he lives in the village he believes he has the "right" to go where he pleases. Anyhow, today, I saw him casually walking across the fields towards our woods and I old him, and explained, He wasn't to wonder where he pleases anymore as I now have stalkers going in the wood, and they're not to know that he's wondering about as he likes. To my surprise he started to argue his case saying "they should learn to aim better!!". I didn't know what to say really, I was a bit taken back.

So i've just put this up here as im sure many of you have had similar situations, and maybe some pointers if any backlash occurs? Maybe something I need to look out for to stay on the legal side if some 20 years ago he'd been allowed to walk there.?

What kind of country do you guys live in? It's your woods?? If he has a legal right to be there let HIM produce documentation. At the very least, insist he wear a blaze orange vest as he wanders.~Muir
 
That only applies if permission wasn't given in the first place, if there is a history of 20 yr use then it can be retrospectively claimed to be a footpath . I was involved in such a claim against my former property
 
That only applies if permission wasn't given in the first place, if there is a history of 20 yr use then it can be retrospectively claimed to be a footpath . I was involved in such a claim against my former property

As I understand it my grandfather gave him verbal permission, at a point in time that no one exactly remembers. He would have nothing in writing to prove he was given access. Would this count in my favour?
 
You really want to put that much effort in getting rid of an old man from his daily walking route ?

It's not his daily walk. He thinks he has the "right" to go where he pleases simply because he lives in the area. He also goes into the neighbours wood and he has stalkers in there too. It wasn't an issue with me until recently, as I've decided to shoot that particular wood. I don't want the deer disturbed, and I don't want any paying stalkers having their stalking ruined too. So. As far as I'm concerned, it's our wood, our desicion. Out of courtesy I've told him and explained the situation in a non agressive manner. There are plenty of local footpaths he can walk on.
 
He should be in no danger everyone should make sure of a safe backstop. What about Scotland with the right to roam. This does not mean that he is not trespassing

There is No right to roam in Scotland.
There is only a right to Responsible access.
It doesn't sound like he is being very responsible either.
You should get something in writing in the post to him.
If the old duffer has a heart attack or something if a shot gets fired it will stand you in good stead.
 
It's not his daily walk. He thinks he has the "right" to go where he pleases simply because he lives in the area. He also goes into the neighbours wood and he has stalkers in there too. It wasn't an issue with me until recently, as I've decided to shoot that particular wood. I don't want the deer disturbed, and I don't want any paying stalkers having their stalking ruined too. So. As far as I'm concerned, it's our wood, our desicion. Out of courtesy I've told him and explained the situation in a non agressive manner. There are plenty of local footpaths he can walk on.
good luck the estate I live on is riddled with these types when you say it's private land they just say " but I live on the estate !" They somehow think that renting a cottage means the own the whole area :/
 
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He was given permission so cannot use that law to claim in retrospect it was a footpath. The law relates to the problem of some traditional rights of way not getting onto the definitive map at some point in time, and it relate only to a right of foot access. The case up near me went all the way to the Secretary of State meeting stage with a public enquiry etc, the planning people were in support of it so if we had not lodged a complaint and taken it to enquiry a new footpath would have been created over our land. But this doesn't really apply to this chap, perhaps you try to persuade him to walk over a different bit that won't affect woods etc. but it's difficult to police walkers , we found that the more they were challenged the more difficult and intransigent they got
 
He was given permission so cannot use that law to claim in retrospect it was a footpath. The law relates to the problem of some traditional rights of way not getting onto the definitive map at some point in time, and it relate only to a right of foot access. The case up near me went all the way to the Secretary of State meeting stage with a public enquiry etc, the planning people were in support of it so if we had not lodged a complaint and taken it to enquiry a new footpath would have been created over our land. But this doesn't really apply to this chap, perhaps you try to persuade him to walk over a different bit that won't affect woods etc. but it's difficult to police walkers , we found that the more they were challenged the more difficult and intransigent they got

O.k. Thanks for that info. I don't know if anymore will come of it. But in hindsight he has been told of stalking activities, and I think I will put some signs up in the wood so I'm covered in that respect. I was thinking of something like, "danger, keep out" as that pretty much covers everything.? I was told to stay away from the wording "firearms in use" as that can be seen as offensive? Also "deer management in progress" might mean poachers get to know its full of deer!
 
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