The letter by Stephen J West-Oram on 28 November 2013 is full of misconceptions.

The title BRIDLEWAYS AND PATHS ARE NOT PUBLIC PROPERTY sets the standard.

By section 263 of the Highways Act 1980 every highway maintainable at public expense vests in the Highway Authority, in this case Herefordshire Council.

The meaning of vest, taken from the Law Dictionary compiled by barrister E.R. Hardy Ivamy, Emeritus Professor of Law at the University of London and published by Butterworths, is TO DELIVER TO A PERSON THE FULL POSSESSION OF LAND AND TO CLOTHE HIM WITH THE LEGAL ESTATE IN IT

The public have an absolute right to use rights of way and, by section 130 of the Highways Act 1980, the Highway Authority have an absolute duty to assert and protect the right of the public to the use and enjoyment of using them.

All paths are intended by law to be in a condition which is reasonably convenient for the ordinary traffic of the area and free from the presence of trouble. However many are obstructed, much needs to be done, and Herefordshire Council do far less than most resulting in more trouble for the public to find.

The law intends that paths should not be wilfully obstructed and the Highway Authority, and in many cases the public, can launch actions in the courts for wilful obstruction.

Any person found guilty of such a charge will have a criminal record.

If the opinions rehearsed by Stephen J West-Oram are compared against these facts the value of his contribution to the debate will become apparent.

EDGAR S J POWELL

Open Spaces Society Vice President & Local Correspondent

Prestwich Avenue, Worcester