Judgement in Favour of Hertfordshire County Council in the Matter of the Width of Footpath TR43 in Wilstone

The Definitive Map Officer at Hertfordshire County Council’s Rights of Way Service was able to tell me on Friday that a judgement in this long running dispute was handed down by the court on 10th February in favour of Hertfordshire County Council.
The dispute arose in 2011 with a local landowner concerning the width of a section of the path, which appears to follow an old cart road along most of its present length. This old cart road can still be traced on maps and on the ground to run to the foot of one of the the retaining embankments of Wilstone reservoir, the remainder of the route having been lost under the reservoir itself. The footpath now make a sharp turn to the west and run obliquely up the side of the embankment to the top at a gradient manageable by persons on foot

As part of its programme of improving footpaths and rights of way, the council laid a firm surface along the route of the path. The council also fenced the path with a post and wire mesh fence.
Whilst the improved path did not occupy the full width claimed by the council, it nevertheless exceeded the much lesser width asserted by the landowner.

As can be seen in the photographs, the landowner’s response was to dig up the path to leave only the narrow strip he asserted, and to remove the fencing from both sides of the path.
The council claimed that the proper width was between 6 and 7 metres and the judge, in agreeing with the council, has declared that the width shall be 6 metres throughout the section that was disputed as to width.
The landowner has a right of appeal against this judgement.