close
more_vert

[quote="moss

I would also pose the question do we have a right to demand to see every prehistoric monument - just because it happens to be there?[/quote]

Well I'll answer my own question; it suddenly struck me looking at the Countryside Code, that in pursuit of stones we often have to go across farmland to seek out stones, barrows, etc. Sometimes arable but often fields with animals in, and the farmer has every 'right' to demand of us that we don't frighten cattle, sheep, etc and cause an accident, we don't leave gates open, and we don't scrabble under barbed wire thereby makin it loose. After all this is his livelihood.

He has a 'duty of care' to his land, a set of restrictions, as we all do, that is what I was getting at, its a contractual understanding, if we want freedom of access to stones on farm land we should be prepared to abide by the rules!

And yes I do know about those large horned creatures up on Penwith Moors but I have a feeling they won't last long up there - they are the wrong breed, Dexters would have been better...

moss wrote:
[quote="moss

I would also pose the question do we have a right to demand to see every prehistoric monument - just because it happens to be there?[/quote]

Well I'll answer my own question; it suddenly struck me looking at the Countryside Code, that in pursuit of stones we often have to go across farmland to seek out stones, barrows, etc. Sometimes arable but often fields with animals in, and the farmer has every 'right' to demand of us that we don't frighten cattle, sheep, etc and cause an accident, we don't leave gates open, and we don't scrabble under barbed wire thereby makin it loose. After all this is his livelihood.

He has a 'duty of care' to his land, a set of restrictions, as we all do, that is what I was getting at, its a contractual understanding, if we want freedom of access to stones on farm land we should be prepared to abide by the rules!

And yes I do know about those large horned creatures up on Penwith Moors but I have a feeling they won't last long up there - they are the wrong breed, Dexters would have been better...

We have some Highland Cattle at Minions... beautiful beasts.

"if we want freedom of access to stones on farm land we should be prepared to abide by the rules!"

Quite. And one of them is that occasionally a landowner will say no, for their own reasons, perhaps very good and heritage-friendly ones, and will have a legal right to do so. All this "right of access to stones" talk is an aspiration, or wishful thinking but it doesn't actually exist in law and it's hard to see how you would draft it sensibly. If you live in a house once lived in by Dickens should the law give people the right to climb over your fence and into your garden? The Law of Property is complex and we all benefit from it so are we to say just a bit of it, where old stones are involved, should be amended to suit our particular hobby? I can just see the next cry: "It's everyone's heritage so there should be Freedum to metal detect"!

;)

moss wrote:
[quote="moss

I would also pose the question do we have a right to demand to see every prehistoric monument - just because it happens to be there?[/quote]

Well I'll answer my own question; it suddenly struck me looking at the Countryside Code, that in pursuit of stones we often have to go across farmland to seek out stones, barrows, etc. Sometimes arable but often fields with animals in, and the farmer has every 'right' to demand of us that we don't frighten cattle, sheep, etc and cause an accident, we don't leave gates open, and we don't scrabble under barbed wire thereby makin it loose. After all this is his livelihood.

He has a 'duty of care' to his land, a set of restrictions, as we all do, that is what I was getting at, its a contractual understanding, if we want freedom of access to stones on farm land we should be prepared to abide by the rules!

No responsible person with disagree with a farmer's right to ask walkers to keep their dogs under control, shut gates behind them and not damage fencing. The Ramblers Association which has many years fought to keep 'rights of way' open generally do not allow dogs on their walks - a deterrent to some people joining but it is for the reasons you state in your post.

I spent much of last summer walking around the Cotswolds following footpaths marked on OS maps - which are 'rights of way', what maps don't show, however, is that private landowners often fence of large swathes of woodland simply because they want to keep it for shooting grouse or just don't want people walking through it. I often scramble under or over barbed wire and in theory am probably trespassing - I'll continue to do so. I've never caused damage in doing so nor trampled on wild flowers or frightened the animals - for my efforts I've caught rare glimpes of wild deer running through the trees. I don't think they care too much about fencing, they just go over it. What I never do is walk across a cultivated field, always staying close to the field edge. If and when I come across a long barrow, its always approached with respect, if its surrounded by a crop I look at it from the nearest point I can get to without damaging the crop.

You make a good point though Moss, especially now the Wiltshire crop circle season is upon us. A timely reminder about the farmer's right not to have his crop damaged.