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Although these web pages only deal with footpaths and bridleways as defined by the Definitive Plan, there are other paths (though not all) throughout the parish over which the public has a "right of way". It is commonly believed that if the public have used a path for over twenty years then it becomes a Right of Way. This is not the case. To prove a "right of way" the path must have been used by the public as the public (use by the landowner's workers would, for example, indicate use as a private right of way). Use of the path must also be deemed to be "as of right" and not only by permission of the landowner.
Extinguishment of a Right of Way
The common belief that a path should be walked once a year to keep
it open is a fallacy. A path can only be closed by an Order made by a
magistrate, minister or local authority under statutory powers.
Your rights while on a path
Your rights are limited to passing and repassing on a journey, plus
any reasonable activity associated with that journey such as sitting
down for a rest, taking a photograph or making a sketch of the
countryside. You may also take any "natural accompaniment" of
a pedestrian such as a pram or dog.
Therefore, on Rights of Way you can . . .
- Take a pram, pushchair or wheelchair if practicable
- Take a dog providing it is on a lead or under close control
- Take a short route round an illegal obstruction or remove it sufficiently to get past
Obstructions
Under English Law, it is
the responsibility of the Landowner to maintain the right of way. The
right of way must be kept clear of crops and nothing must be allowed to
grow or fall across the path. Rights of way that cross fields may be
ploughed and left unrestored for 14 days if the field has not been
ploughed previously that year. If it has, then the path must be restored
within 24 hours.
Where crops are obviously growing across the right of way it may be tempting to skirt round the field by trespassing. The consequences of trespassing are potentially more serious than any damage you may cause to crops by walking across a planted field.
The law does permit you to make a detour round illegally placed obstructions (eg machinery or wire fencing) providing you make every effort not to cause any damage. However an obstruction may be only a farmer's temporary measure to keep stock from wandering. An electric fence, for example, is not deemed an obstruction in this instance and removal of part of it could be disastrous for the farmer. Commonsense should always be used!
Nuisances
Nuisances when on footpaths are those which prevent the convenient
use of the path. The list of nuisances which are statutory offences are
numerous but, generally, you have the right to continue on your way
along the path. For example barbed wire where adjoining a path may be
considered a nuisance if it is so close to the path that clothing would
catch on it. In this case a suit for damages could be brought.
Similarly, misleading notices such as "Private - Keep Off",
"Trespassers will be prosecuted" and "Beware of the
Dog" when erected with the intention of deterring users of the
Public Right of Way are an offence and may be ignored if you are sure
that you are on the Public Right of Way.
Trespass
If you stray from the right of way onto private land, you are technically trespassing. The landowner can insist that you return to the right of way or leave his/her property. If you refuse, the landowner may use a minimum degree of force to make you do so.
Trespassing itself is not an offence, but the landowner can sue you for damages. If you are found guilty, then you may have to pay damages and, more importantly, the landowner's legal fees.
Nobody wants to end up in court. Harmony can be maintained by showing respect for everyone's point of view. Landowners tend to get most annoyed by dogs running loose on their land upsetting wildlife and livestock, damage to crops, damage to walls & fences and discarded litter. Try to avoid all of these by following the Country Code.
Remember, you may have a right to be there, but it is not exclusive.
At some time or other, you may come across cows and bullocks (castrated bulls) in a field where there is a right of way. Cows and bullocks are rarely aggressive but may walk or run towards you out of curiosity.
Can a farmer keep a bull in a field crossed by a public path? A bull of up to ten months old, yes. Bulls over ten months of a recognised dairy breed (Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) are banned from fields crossed by public paths under all circumstances. All other bulls over ten months are banned unless accompanied by cows or heifers. If any bulls act in a way which endangers the public, an offence may be committed under health and safety legislation and you should report it the police and the Ramblers Association. It is best not to take dogs into fields containing cows with young calves.
Stallions, boars and cows with calves should all be treated with caution.
While dog owners are
entitled to walk their dogs along rights of way, they must ensure their
pets do not become a menace to other users.
Dog owners have a responsibility to ensure their dog is kept under
control at all times, just as one would if walking a dog along a busy
road. They should not let the dog foul the right of way, farmland or any
place that the public may use. If a dog injures a person, animal or
property, the dog's owner may be liable for damages.
Dog owners should take extra care in areas where there are other farm animals or poultry to ensure their animal is not guilty of 'worrying the livestock'. A dog that is simply in a field where there is livestock and not on a lead (or under close control) can be regarded as 'worrying livestock'. If a dog is guilty of 'worrying livestock' then the dog owner may be liable to prosecution, fined and ordered to pay compensation, and the dog itself can be destroyed. A landowner can also shoot and kill any dog that 'appears' out of control and worrying sheep.
Remember, while you may feel your canine friend is as soppy as anything and wouldn't hurt a fly, other people may find the prospect of your dog running towards them and/or sniffing them as terrifying.