Television Star Says Keep Away From My Lighthouse

A British television star, Jeremy Clarkson, is waiting a decision in a case that has spanned over four yearsiafter he closed off a path that runs next to his lighthouse home. He and his wife purchased the Langness Lighthouse for £1.25 million in the Isle of Man four years ago, and since then has been subject to harassment by a group of walkers who are upset at not being able to get near to the lighthouse. The path was diverted by Clarkson when he bought the home and light in 2005 so he and his family would not have gawkers peeking in his window.

Although the path was diverted, a small group took up a protest and filed suit in court. Their claim is that the path has been used over the years under what they term a “permissive agreement” with the former owners. It is not legally a public footpath. And it should be made clear that the lighthouse is still accessible for photography, but just not as close. Back in 1975, long before the Clarksons bought the property, demonstrators staged a mass protest to oppose moves to restrict access to Langness Head.

The Laws of Adverse Possession or Prescriptive Easement

Assuming that because the claimants have used the path for over twenty years “with permission,” does not give them the right to continue doing so under the laws of adverse easement. Adverse easement is usage of a path or right of way without express permission being given. The legal test to acquire a prescriptive easement of another owner is that the use must be open, not secret, notorious, clearly observable, hostile, without the landowner’s consent and continuous, without interruption for the number of years required by local law.

In no way does this fit the claims by the walking group, led by Ian Costain, of Public Rights of Way Langness (PROWL), who said the group would produce evidence that members of the public have used the network of footpaths “as of right” for 21 years. As a result a right of way had been established and the paths should now be designated as such. For their side, an agreement with the trustees of land dating from 1976 from the Attorney General’s department has been submitted. It permitted the public to use the road to the lighthouse. However, the agreement, which followed a mass protest led by then-Castletown MHK Elspeth Quayle, appears not to cover the area of Clarkson’s land which has been blocked off.

Clarksons Claim Harassment and Abuse

In a recent article at the Mail Online, Clarkson and his wife tell of the problems with the public. Frances Clarkson told the inquiry they had been “constantly badgered by walkers and celebrity spotters intruding on their privacy. We had people come up to him at close range and take photographs even when he’s sat eating a pork pie relaxing with the kids. It’s our little sanctuary which I’m afraid has been rather ruined,”she said. She also mentioned that she had never refused permission to come onto the land if someone asked.

She has told of one dog owner who let his dog off the leash, which then chased some of the sheep over the cliff to their deaths. Other incidents recalled by Mrs. Clarkson include walkers being rude and “abusive” to her children, ages 10, 13 and 15. Taking photographs of her kids while eating lunch was the last straw back in 2005 and led to the closure.

The hearing has been adjourned until August 11, to give the courts, lawyers and members of both sides time to visit the land and research the issue. While I’m all for having access to lighthouses, for heaven’s sake, this is private property and the light is still able to be photographed. Leave the family members alone and use this revised trail. I would hope that our British brothers and sisters have not lost sight of property owners’ rights. Celebrity status does not give anyone the right to trespass on this property. Let alone to photograph minor children. Nor to let dogs run free.

Photo Credits:

• Langness Lighthouse by Idreamofdaylights. Some rights reserved.
• Lighthouse Cottages at Langness by Phil Catterall. Some rights reserved.

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