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When is a donkey track not a donkey track ?   Dispute between the DOI and a company of which Trevor Hemings is a director is going to court on Friday.  Apparently Ray Harmer assured said company that no work would be done on it to accommodate walkers,cyclists and trial bikes but the new broom has decreed otherwise.   The story is on IOM today news section if anyone would like more details.

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Yes I'm kind of getting that impression of you.

So Rich bloke doesn't want the Island's great unwashed cycling and walking through a small piece of his land...fancy that.

At one time the Grand Island was the best hotel on the island .  The reason that it fell into disrepair was calculated neglect , as were a couple of other hotels in Douglas/Onchan. It's not

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9 minutes ago, Manx Bean said:

So Rich bloke doesn't want the Island's great unwashed cycling and walking through a small piece of his land...fancy that.

A very wet piece of his land, I hope the walkers have wellies during the winter, because they will need them.

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2 minutes ago, The Dog's Dangly Bits said:

Perhaps it isn't as straightforward as that?

Hard to be negative about TH.  Seems to have been a positive him living here.

Met TH several times and cannot fault the guy, he actually listens to you and is willing to discuss any issue's and if you can explain your reason's for doing something he will agree.

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The only surprise is that the DoI is standing up to him.  Presumably because the current Minister happens to be the MHK for this constituency and doesn't want to lose any more votes from people who have been using this route for generations.  Work done on the path precedes Hemmings purchase of the Farm (which was only in 2018) and the IOM Newspapers piece says:

 A spokesman for the DoI said: ‘The route will have very limited work undertaken to make it accessible to walkers and mountain bikers.

‘This will be enforceable by order. Works were started on the route some time ago with the consent of the landowner at that time.

‘The estimated cost of £5,500 is limited to materials as labour will be provided by volunteers.

‘The route is shown on historical maps dating back to the 1800s and appears on the department’s highway map.

‘When the property was most recently purchased, its presence was identified to the purchaser’s advocates as a highway maintainable at public expense.’

You do feel sorry for Hemmings' lawyers having to say things like "It remains our client’s position that the Donkey Track is not and has never been a highway"when the very fact that it is called the Donkey Track suggests that it has.

The most interesting thing in the piece is the statement: A letter sent to Ballaseyr Stud’s advocates to the Attorney General’s chambers said that previous infrastructure minister Ray Harmer had given a commitment that no works would be carried out.  If there is proof of that it's going to be very embarrassing.

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8 hours ago, Manx Bean said:

So Rich bloke doesn't want the Island's great unwashed cycling and walking through a small piece of his land...fancy that.

Rich blokes advocates will have given him a full appraisal of all this when the property was conveyed.

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Latest edition of the Ordnance Survey Landranger Map Series (No 95, 2016 update), which should be reasonably authoritative, doesn't show any track, footpath, Greenway Rd or right-of-way in the area concerned. And the map shows all the other such ways, Island-wide.

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3 minutes ago, Non-Believer said:

Latest edition of the Ordnance Survey Landranger Map Series (No 95, 2016 update), which should be reasonably authoritative, doesn't show any track, footpath, Greenway Rd or right-of-way in the area concerned. And the map shows all the other such ways, Island-wide.

Sadly the map has no bearing on whether there is a right of way or not 

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14 minutes ago, Non-Believer said:

Latest edition of the Ordnance Survey Landranger Map Series (No 95, 2016 update), which should be reasonably authoritative, doesn't show any track, footpath, Greenway Rd or right-of-way in the area concerned. And the map shows all the other such ways, Island-wide.

It’s shown on Highways Division maps as an unclassified unmade road maintainable at public expense. It’s even got a number, U72 ( I think )

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I imagine that the concern of Ballaseyr is that the track would be used by vehicles which may disturb their livestock? This would be the case with any road so not really a viable argument I wouldn't think? 

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58 minutes ago, Happier diner said:

Sadly the map has no bearing on whether there is a right of way or not 

A Right of Way is a legal status or grading of a thoroughfare, all I'm saying is that this track doesn't seem to appear on the current OS map of the area at all.

However as John W. has posted, it does appear on Highways Division maps as an unmade road (although plenty of other "unmade roads" such as Greenways do appear on the OS map).

It might raise the question of what mapping or documentation the conveyancers had access to..?

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1 hour ago, Non-Believer said:

Latest edition of the Ordnance Survey Landranger Map Series (No 95, 2016 update), which should be reasonably authoritative, doesn't show any track, footpath, Greenway Rd or right-of-way in the area concerned. And the map shows all the other such ways, Island-wide.

Is it the unmade road between the A17 and the Bernahara Road? If so, it is shown as an unmade road. [If not, apologies for mis-directing the discussion]

On older maps this road is just shown as a road in a similar way to the other nearby roads.

None of that means it is a current legal right of way but it could be.

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It’s shown on the definitive maps prepared and publicly consulted on when the Highways Act was consulted on and passed in 1986 as a public road unmade/Unmetalled and maintainable at public expense. 

That’s not a PRoW.

The A1 ( Douglas to Peel highway )is a public metalled road maintained at public expense but isn’t a PRoW, as an example.

I don’t do conveyancing anymore, but accepted best practice would be to do a search with DOI Highways, submitting a map, with the land/property proposed to be purchased, and a fee, and they right back with a copy marked up with PRoW, highways etc.

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This is the pic of part of the disputed track accompanying the iomtoday article, presumably the signage was included for effect?

4749_The-Donkey-Track-in-Andreas.jpg

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