Countryside Access to Cutty Sark path (FOI)

​Request

1

Please can you tell me with reference to the Law Officers’ Department if necessary what the legal arrangement is for the public to use this stretch of footpath shown on the attached extract from the Countryside Access map available on line? 

Cutty Sark path.pdf​

2

Is it wholly owned by the Public with rights of way and wayleaves for the adjoining owner and others? Or is it leased from the adjoining owner? 

3

If leased, can you let me know the terms of the lease? What are the insurance arrangements, if any? 

4

If there is no legal arrangement in force, then is there any record of an informal agreement with the owners? 

5

Are there any agreements in place for maintenance?

I recall in the 70s and 80s when this path was created, some strips of land were acquired from owners, others leased, and in other cases the owners refused to engage with SoJ. 

It would be a concern if a member of the public had an accident on this section of the path with ownership and any insurance issues left uncertain. 

Although the Countryside Access map is prefaced by a disclaimer, elsewhere I have seen it described as comprehensive.

Response

1

There is currently no legal agreement with the Government of Jersey for the public’s use of the short section of roadside footpath currently in the ownership of “Valley Properties Limited”, and located to the east of “Cutty Sark”, formerly called “Pro Tem”, adjacent to Grande Route des Mielles (Five Mile Road).

2

The section of footpath is not owned by the Public and is not currently leased in by the Public either.  There are no rights of way or wayleaves.

3

As stated above, the area is not leased so there are no terms.  The Public has no liability for a footpath that is neither in Public ownership nor used by the public without there being a formal agreement in place.  Therefore, the insurance liability is with the current owner of the land.

4

There is no record of any informal agreement with the current owners of “Cutty Sark”, “Valley Properties Limited”, nor any predecessors in title, for the public’s use of the roadside footpath, which has existed since 1971 when neighbouring acquisitions were made.

5

There are currently no agreements in place for maintenance.​