Strictly residents only - cycling allowed?

[272BHP]

There is a shortcut through a private road that would save me a good deal of time and also be much safer than the dual carriage way I would have to navigate on my route to work.

This road is sign posted Strictly residents only and although the road is wide enough for two cars to pass easily and all the house are detached it also goes past a private school.

Am I allowed to cycle through? what are my rights if someone stops me?

[WindyCommon]

If you were an adult you might just cycle through carefully, stopping to talk politely and constructively with anyone who sought to engage with you.

[272BHP]

I do cycle slowly and carefully. I have ridden the route to check it out and it seems perfectly fine and I cannot imagine why anyone would complain.

However, I don't want to break the law.

So I am wondering what the law states as I can't seem to find anything that fits.

[kowalski655]

Is there a Traffic Order in place to regulate the road access, or is it just a NIMBY putting up their own sign? I'm no expert but I'm sure signs have to be of a certain standard

[Marcellus]

I would have thought a "private road" which is "strictly for residents only" is a road that is not a public right of way even if it is easier for the member of the public to use.

It may even be for that reason why theynhave the signage to dissuade members of the public from using that short cut.

Whether they choose to enforce it is another matter.

[Sheepshanks]

Is the private school accessed via this road?

[272BHP]

It is a proper well constructed sign. One end of the road has a proper gate as well to prevent cars accessing the road although there is a gap for pedestrians and this is easily ridden through.

I guess I will just have to use it and see how things play out. I imagine that the times I will be using it it will be quite busy with all the parents taking their kids to and from school so it shouldn't really be a problem.

[272BHP]

Sheepshanks said:

Is the private school accessed via this road?

Yes it is the only way to get to the school.

[Tall_Paul]

I don't see how it can be a road limited to residents only if the same road is the only way of getting to school. Unless the parents of the kids who attend the school are all residents...

Got a link to the road? Sounds like a few residents don't want riffraff driving down their road to me and have bought a sign to deter people.

[anonymous-user]

• If* it is a private Road, then it is private land over which no public right of way exists. So strictly you would be trespassing.

However private roads are usually subject to private rights of way, and because those tend to be exercised a lot, the roads are in practice left open for anyone to use.

The signage is there to remind members of the public that they are not using the road as of right, but rather as a “guest”. This is a way of preventing a public right of way arising through use. You may also find that one day a year the road is blocked off to the public. That’s another way to stop stop a public right of way arising.

The TL;DR version: you’re not allowed to use it but the chances are that if you use it no one will stop you. Though they’d be within their rights to do so.

[JQ]

I would imagine the sign is there to stop the school pupil's parents using the road as a car park.

[Brads67]

Does anyone really care about signs like this.
Just use the route. Whats the worst that could happen,? you`re unlikely to end up in the dock.

I don`t really get the "I don`t want to break the law " thing, but cant imagine anyone extends that to cycling along a path.

[The Rookie]

Not sure how he'd end in dock over a minor trespass (a civil matter).

If the landowner(s) decided to do something it would be for trespass, what damages do you think could realistically be claimed to have been created? Id suggest none at all for a cycle on a road designed for cars.

[272BHP]

Yes that's the one.

Had a chat with one of the parents last night who occasionally drops off and he couldn't see it being a problem either. "With the way you dress they will assume you are the geography teacher!"

Charming.

[The Mad Monk]

I know this road quite well. If you have been using it for a certain length of time (more than 20 years, say), can you claim that you have established a personal right of way?

I have a similar situation in Esher with a road between the A307 and the A244, Blackhills and Meadway. I have been walking, running, cycling and driving through there for donkeys years.

Friends of mine have been stopped by security people and told they can't cycle through there. I haven't been stopped and I have been rehearsing my response!

What is the best?

1. Sorry.
2. Go forth and multiply.
3. Under the Act of xxxx I have established a right of access. You cannot stop me.
4. It is a civil matter, not criminal, if you wish to take me to court, do so. I am a man of straw.

[anonymous-user]

The Mad Monk said:

Friends of mine have been stopped by security people and told they can't cycle through there. I haven't been stopped and I have been rehearsing my response!

What is the best?

1. Sorry.
2. Go forth and multiply.
3. Under the Act of xxxx I have established a right of access. You cannot stop me.
4. It is a civil matter, not criminal, if you wish to take me to court, do so. I am a man of straw.

If you were to see someone walking regularly across your garden, or turning on your driveway, and you confronted them, which of those responses would you like to hear from them?

[The Mad Monk]

Greg66 said:

The Mad Monk said:

Friends of mine have been stopped by security people and told they can't cycle through there. I haven't been stopped and I have been rehearsing my response!

What is the best?

1. Sorry.
2. Go forth and multiply.
3. Under the Act of xxxx I have established a right of access. You cannot stop me.
4. It is a civil matter, not criminal, if you wish to take me to court, do so. I am a man of straw.

If you were to see someone walking regularly across your garden, or turning on your driveway, and you confronted them, which of those responses would you like to hear from them?

It would depend whether there was a public footpath running through my garden.

I have passed along the road on this estate many times for many years. It is my contention that I have established a right of way over/along this road.

I don't think your post answers my question.

[Pothole]

272BHP said:

It is a proper well constructed sign. One end of the road has a proper gate as well to prevent cars accessing the road although there is a gap for pedestrians and this is easily ridden through.

I guess I will just have to use it and see how things play out. I imagine that the times I will be using it it will be quite busy with all the parents taking their kids to and from school so it shouldn't really be a problem.

[okgo]

It never even used to have gates, so I wonder if something changed there...?

[Chainsaw Rebuild]

Cycle along the road. In the very unlikely event of someone talking to you, have a sensible chat with them. In the extremely unlikely event of someone saying "you are forbidden to ride here, give me your details" you would simply ignore them and cycle away.

Also is this the Notre Dame school in Lingfield? if so don't worry about it; I have worked there and no one will mind about the use of the road (in my opinion/experience)

Edited by Chainsaw Rebuild on Monday 15th January 15:51