Looking at the emails on the subject, it is clear that the landholder
has received legal advice, recommending denying access on liability
grounds.
Unfortunately this an inevitable consequence of seeking legal advice.
Having dealt with lawyers many times with work, I can say with
confidence a Lawyer will always recommend this no matter how small the
risk as there is no incentive for them to do otherwise, the don't have
risk level meter built in. There is no upside for the lawyer to
consider, only very big (even if highly improbable) downsides and of
course an obligation to act in the interest of the client. Then of
course there always some irresponsible people around who will ruin the
game for everyone.
The lawyer may not even be aware of the acts quoted by Ian May, or
chooses to ignore them as there is less work for him to do in
delivering his advice. It would certainly be worthwhile to raise this
in a friendly manner with leaseholder or to talk to Govt departments
about re gaining access. The problem will be finding someone with the
time and energy
regards,
Chris Ross
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