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Legal responsibilities on rights of way

Farmers

Farmers should:

  • Know where public rights of way cross their land and cut back overhanging vegetation

  • Remember that it’s illegal to plough a footpath or bridleway that runs alongside a field edge or hedgerow

  • Know that byways and county roads may not be ploughed under any circumstances

  • Ensure that paths across fields are reinstated and marked on the ground no longer than two weeks after ploughing

  • Ensure that paths across fields are kept free from obstruction by crops

  • Make arrangements with their county council for paths that will be affected by drainage or other engineering works to be properly diverted on a temporary basis

  • Not allow any dairy bull over ten months of age to range freely in any field through which a right of way passes, and ensure that bulls of other breeds are accompanied by cows or heifers

  • Provide adequate bridges where new ditches are made or existing ones widened

  • Remember that it’s illegal to put plain, barbed or electrified wire across a right of way. It’s not illegal to run wire along the side of a right of way unless it’s dangerous or inconvenient to a person using the way

  • Remember that landowners and farmers may shoot on their land but not in such a way as to endanger the public or discourage the use of a right of way

  • Obtain the consent of their county council before erecting stiles or gates in new locations along a footpath or bridleway.

The Council

We should:

  • Record and update public rights of way on the Definitive Map.  This map may be inspected at County Hall or at district council offices. Copies are supplied to parish councils on request

  • Look after signposts and waymarks on footpaths, bridleways and byways

  • Maintain the surface of footpaths and byways, including the control of natural vegetation. In practice, few field paths receive routine maintenance, and walkers should be prepared to use boots or wellingtons in poor weather

  • Maintain bridges over natural water courses

  • Make grants available to farmers or landowners towards the cost of maintaining approved stiles, bridlegates and headland paths

  • Administer the law concerning rights of way, and in particular ensure that they can be used by the public.

The public

You should:

  • Remember that by using the paths properly and within your rights, you're much less likely to come across problems than if you abuse them

  • Park your car where it's not obstructing access to fields or private driveways. If you’re in a party, don’t trespass by spreading out beyond the confines of the route

  • Follow the Countryside Code:

    • Be safe - plan ahead and follow any signs

    • Leave gates and property as you find them

    • Protect plants and animals, and take your litter home

    • Keep dogs under close control

    • Consider other people.