Bridleways and public footpaths on farmland: a guide for landowners

Many parts of UK farmland have a public right of way running through them. For most farmers, bridleways or public footpaths will be a minor inconvenience, but for some they can amount to major thorn in the side.

However, tempting as it may be to block off access to ramblers, horse-riders and cyclists that may interfere with your farming business, there are strict rules farmers must abide by when it comes to rights of way, as Andrew Little, Associate Director & Head of Malton office at Ware & Kay Solicitors incorporating Pearsons & Ward in Malton, explains.

Under the Highways Act 1980, a public right of way is legally created if the public has used the path continuously for 20 years or more ‘without force, secrecy, or permission’. The landowner must not have done anything to stop the use of the path in that time, or must not have deposited a map and declaration under s 31(6) of Act with the local authority. Every Highway Authority holds a ‘definitive map and statement’ of rights of way in its area.

What are your legal duties?

There are several statutes that outline your legal duties regarding a right of way:

Highways Act

You cannot obstruct the public pathway with, for example, barbed wire or an electric fence, but you can put up such contraptions alongside the route as long as they do not pose a risk to the public and appropriate warning signs are erected.

If something on land adjoining the right of way poses a danger to the public – such as excavations – the council can require you to take measures to protect the public, or they can undertake the work and send you the bill.

You cannot put up misleading signs warning people off a right of way and, if you want to install a stile or gate on the route, you should get council permission first and you need to keep them in good repair.

You must cut back any boundary vegetation overhanging a right of way if it could harm or obstruct users. If you encroach on a right of way – such as with a structure or incorporating your garden into the pathway – which reduces the width of the route, the council can force you to take remedial action.

You cannot plough any field-edge which is a right of way, and although you can plough one which crosses a field, the right of way must be reinstated within 14 days of first cultivation or 24 hours of subsequent cultivation. Where a crop (other than grass) is sown, you must mark out the right of way and ensure the crop does not encroach on the route.

Occupiers Liability Act

The Highway Authority is responsible for the surface of a public right of way, but if someone is hurt on the route because of any other reason (such as an electric fence) you could be liable in negligence for their injuries.

Wildlife and Countryside Act

Bulls of recognised dairy breeds (Dairy Shorthorn, Ayrshire, Friesian, Kerry, Holstein, Guernsey and Jersey) are not allowed in fields crossed by a public right of way. Bulls over 10 months old of all other breeds must be accompanied by cows or heifers.

Animal Act

If you have any doubt about the temperament of any of your livestock, you should not allow them near a right of way because you may be liable if they injure someone.

Making changes to rights of way

You can apply to your Highway Authority for a public path order to extinguish, divert, upgrade, or downgrade a footpath or bridleway.

How we can help

If you would like any legal advice concerning rights of way on your property, contact our team of agricultural specialists without delay.

For more information please contact Andrew Little on on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email andrew.little@warekay.co.uk to see how we can assist.