November 2004 Newsletter
The Easement by Brinley Morris
I had never heard of this word "easement" until a few years ago when the then director of the Maritme Museum wanted to finalise the legal agreements with the Carrick District Council before its opening. I and a few others delayed the intended opening of the museum because we could not agree to close the age old right of the pedestrian walkway, across the small bridge, around Challenger Quay, along Tinners Walk to the Dock gates.
After lengthy negotiations, which as i have said, held up the opening of the museum, a compromise was reached to restrict the use of the walkway from dawn to dusk. Carrick could include this condition of use in its planning permission to the museum. A easement is a right enjoyed by someone over someone elses land: in this case a right of way.
I am sorry to tell you that since then the public cannot use this easement because of the large locked gates which block the way and are controlled by a security pad. I won't bore you with copies of my emails and carrick since 1999 ( I haven't been very successful have I?) and I wonder sometimes if the Enforcement Officer left carrick because of my incessant visits!
Anyway the latest positionis that the landowners say that they do not have to provide public access over their land because of the phrase in the relevant agreement and I quote, "the signatories will provide users of, and visitors to the development, to have pedestrian access insofar as they legally can do."
Again I am sorry to say I missed that seemingly innocuous phrase in the long wordy document in 1999 when the agreement was drawn up. However those signatories to the agreement, after taking advice from Counsel, now say that they do not have to provide access and that's that.
Can anyone please help?
Contact your councillor and/or Carrick by phone or in writing to Carrick District Council, Pydat Street, Truro asking them to allow access to the walkway to Tinner's Walk and the Bar Road car park.
The election isn't far away!
And remember, your executive committee.......
..........would like to hear of any issues that concern members and that have a bearing on the objectives of the Society. Contact the Secretary
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