A landowner has a legal duty to ensure that a right of way on their land is unobstructed and open for use at all times. Shown below is some general information and how we can help.
Landowners can get further advice about:
- general landowner responsibilities on GOV.UK
- common questions about paths and rights of way on the Open Spaces Society website
- rights of way in England and Wales on the Ramblers' Association website
Landowners' duty of care
Landowners must protect people and trespassers from sources of danger, such as slurry lagoons, mines, or quarries, and are advised to obtain or check their public liability insurance to make sure they have adequate cover.
Maintenance of existing gates and stiles on rights of way
Current legislation dictates that the maintenance of these items is the responsibility of the landowner, even if we installed them on their behalf in the past. However, on paths promoted by the council, gates and stiles can sometimes be repaired or replaced free of charge. On other paths, landowners can claim a contribution towards these costs. Our aim is to phase out all stiles across the public rights of way network.
New gates across rights of way
These can only be erected in order to control livestock or other animals, not for privacy or security, and consent from the council must be obtained beforehand (a Section 147 agreement).
New permanent fences across rights of way
If a right of way will be affected by a proposed new fence, then a gate will be required so as not to block the path. Consent for the new gate must be obtained before the fence is erected.
Electric fences across rights of way
Consent from the council must be obtained before installation of an electric fence. The fence must be insulated where it crosses a stile or gate, so that access is not restricted. The Health and Safety Executive advise that warning signs are needed on all electric fences.
Electric fences alongside rights of way
Allow 2m (6ft) clear width for a footpath, 4m (13ft) for a bridleway, and 5m (16ft) for a restricted byway or byway open to all traffic. The Health and Safety Executive advise that warning signs are needed on all electric fences.
Barbed wire across rights of way
Barbed wire must not be strung across a right of way to prevent walker or rider access. In the event that a person or horse sustains injury from the barbed wire, the landowner could be held liable.
Barbed wire on gates or stiles on rights of way
Do not put new barbed wire on or across stiles or gates and gate posts. In places where barbed wire is already present, remove the barbs close to stiles, gates and gate posts so they don't catch hands, clothing, horses or dogs.
Barbed wire alongside rights of way
If barbed wire is strung alongside a right of way, safe passage must be made for users. Allow 2 metres (6ft) clear width for a footpath, 4 metres (13ft) for a bridleway, and 5 metres (16ft) for a restricted byway or byway open to all traffic. Allow even more space on unsound ground.
Animals on or alongside rights of way
Any animal that could injure a person or horse (such as dogs, other horses, and all types of livestock) must not be kept in the field or yard where a right of way runs. If an animal that has intimidated or injured a person or horse in the past does it again, then the owner could be held liable and may be prosecuted too.
Any animal (such as aggressively barking dogs or ones roaming freely), either on or adjacent to a right of way, must not intimidate those using a right of way. It should be obvious that the animals cannot reach the person or horse.
Avoid grazing horses in fields crossed by public bridleways, restricted byways, and byways open to all traffic, as loose horses can sometimes act aggressively to ridden ones.
Bulls
Bulls may only be in a field crossed by a right of way if they are:
- under 10 months old
- not of a recognised dairy breed
- accompanied by cows or heifers
Landowners are advised by the Health and Safety Executive to erect warning signs saying, "Bull in Field". These signs must be removed when the bull is not there.
Surfaces
Before any changes are made to the surface of a right of way, consent must be sought from the council.
Any new surface must be convenient to walk or ride over. Rough rubble, loose or large stones are not acceptable. The surface must be dusted off with smaller compacted stone.
Surfaces for a bridleway, restricted byway, and byway open to all traffic must be non-slip for horses. Tarmac is not acceptable.
Overhanging vegetation
It is the responsibility of the landowner to ensure that overhanging trees or hedges alongside a right of way do not encroach onto the width of the path. A clear corridor must be left for users:
- footpaths: 2m (6ft) width x 2m (6ft) height
- bridleways: 3m (9ft) width x 3.75m (12ft) height
- restricted byways and byways open to all traffic: 5m (16ft) width x 5m (16ft) height
Surface vegetation
Vegetation on the surface of a path (except crops) is our responsibility to keep cut down. Contact us if there’s right of way on your land that requires strimming.
Misleading signs
Any sign that discourages a user on a right of way is unlawful. These include signs like "Keep Out", "Dangerous Dog", and "Private".
Ploughing and cropping cross-field paths
Cross-field paths must be reinstated within 14 days of the first cultivation and 24 hours of the second. Tractor wheelings are the best way of defining a path across a field. Do not plough or cultivate any unsurfaced road or byway open to all traffic. Ensure that the following widths are defined:
- public footpath: 1m wide (3ft)
- public bridleway: 2m wide (6ft)
- restricted byway: 3m wide (9ft)
Ploughing and cropping field-edge paths
Do not plough out paths that run alongside field boundaries, and ensure that the following widths are left:
- public footpath: 1.5m (5ft)
- public bridleway: 3m (9ft)
- restricted byway: 3m (9ft)
Shooting across rights of way
Landowners may shoot on their land, but not in such a way as to endanger the public using a right of way. If a drive crosses a right of way, politely ask users if they would wait while the drive passes. If their response is negative, stop the drive and allow the users to proceed safely.