Keeping the Rights of Way free from encroachment and obstructions
Maintaing access points:gaps, stiles, gates and bridges
Not deterring the public from using the paths
Ploughing and cropping
Maintaing access points:gaps, stiles, gates and bridges
Not deterring the public from using the paths
Ploughing and cropping
Fallen trees / branches or overhanging hedges and trees
- If a fallen tree, large branch or other obstruction prevents use of a route, it is the landowners responsibility to have it removed. Equally, the landowner is responsible for ensuring that a hedge does not overhang a public rights of way so as to obstruct it.
Fencing
- Landowners are not entitled to install any additional structures (including new fences, or electric fencing) across rights of way without first obtaining the written consent of the highway authority. Landowners would be entirely responsible for any accidents which may occur due to unauthorised structures. Any fencing alongside a right of way which makes the route too narrow or unsafe could also be considered to be an obstruction.
- Gaps in boundary lines and hedges should be wide enough to allow legitimate users through
- Ensure stiles and gates in their ownership are kept in a good state of repair
- When vehicular access is required across a bridge, or if the watercourse/drainage ditch has been altered by the landowner, the landowner is responsible for the maintenance
Bulls and dangerous animals
- Dairy bulls over 10 months old are not allowed to range freely in any field through which a right of way passes, bulls of other breeds should be accompanied by cows/heifers.
- Recognised dairy breeds include Ayrshire, Jersey, Dairy Shorthorn, Kerry, British Friesian, British Holstein and Guernsey.
- Also, an offence may be committed if an animal deters use of a route or injures a member of the public whilst using a public right of way.
Firearms
- It is an offence to discharge a firearm or firework within 50 feet of the centre of a byway or other vehicular route consisting of a carriageway if it injures, interrupts or endangers any user of the right of way.
- Under the Firearms Act it is an offence to carry a loaded (even unloaded with a detatched pellets magazine) in a public place, unless the person has lawful authority or reasonable excuse, such as landowner or tenant shooting vermin on his own land. In a public place a gun should always be carried in a proper case or cover and ensure the magazine, detached or otherwise, is empty.
- Even with lawful authority, shooting across a right of way could be seen as a nuisance or intimidation under common law, if done primarily to deter people from using the right of way rather than exercising a legitimate shooting event.
Intimidating dogs
- Keeping a dangerous or intimidating dog on or close to a public right of way could be considered to be a deterrent
Intimidation or threatening behaviour
- The use of intimidating or threatening behaviour to deter the public from using a right of way is unlawful
Ploughing and cropping
- Keep rights of way clear of crops and reinstate cross-field paths within 14 days of ploughing.
- Further advice is provided on the Ploughing and Cropping Information page.
For further information on any of these points please contact the Rights of Way
Team
Page Last Updated: 16 July 2007
