Boot's Route
SIR,—May I comment on some of Strix's points con- cerning Boot's route, lest wrong inferences be drawn from them?
First, a path made and used by Boot alone would not be a public path, since one man, or family, does not constitute the public. Ordnance maps show all paths visible on the ground, but do not indicate whether or not they are public. The parish council, probably, claimed the path under the National Parks and Access to the Countryside Act, 1949, as having been used by the public for at least twenty years at some period, recent lack of use' being immaterial.
Secondly, Strix or either of the other two land- owners could have objected to the path being shown as public on the draft map, and if no evidence of use other than by Boot had been brought forward it would have been deleted. If they did not do so, nor apply at a later stage to the-court of quarter sessions for a declaration that it was not public, they should not complain that it is still shown as such.
Thirdly, all such paths being public highways, Strix cannot escape his legal obligation not to obstruct it. Hedges grow whether or not people use a stile, and they are entitled to free passage over it without tearing their clothes. Refusal to act exposes him to the risk of prosecution.
Fourthly, if Strix can make out a case that the path is really not needed for public use, he can apply for an extinguishment order. This is his proper remedy. Carping at the local preservation society is not; nor is it fair.
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