Can I wander off a public right of way?

No, the legal right to pass relates solely to the right of way. Landowners can require you to leave land to which you have no right of access. However, you may take a short route around an illegal obstruction, or remove it sufficiently to get past.

Can I take a dog on a public right of way?

Yes, a dog is considered a ‘usual accompaniment’ however this entitlement is confined to the line of the path and only exists whilst the dog is accompanied by its owner/keeper. A trespass would be committed if the dog is allowed to run off the definitive line of the path, or if the owner/keeper stands at a gate and allows their dog to run free.

Must a dog be kept on a lead whilst on a right of way?

The law does not rule that a dog be kept on a lead whilst accompanied on a public right of way, but rather that it must be kept under close control.

However the ‘Dogs (Protection of Livestock) Act of 1953 makes it an offence to allow a dog to chase or attack livestock, or be ‘at large’ in a field or enclosure in which there are sheep. ‘At large’ is defined as not on a lead, or otherwise under close control. Do not allow your dog to run through arable crops to flush out game from hedgerows or scrub. Such actions will not be appreciated by the farmer, and can easily harm nesting birds.

Can I ride a horse, or a bike on a footpath?  

No, not without the prior consent of the landowner, otherwise you would be committing trespass against the landowner, or occupier concerned.

Is it legal to shoot across a right of way?

There is no specific offence of shooting across a footpath or bridleway, however it may amount to a public nuisance or to wilful obstruction of the highway. There may also be liability in negligence where it is known that people are on the path.

It is an offence for anyone except the landowner or occupier (or someone with their permission) to carry or fire a loaded firearm or air gun in a public place, including any public right of way.  

Can an electric fence be erected across a path? What about barbed wire?

Fences across a path, unless authorised, will be an obstruction. Electric or barbed wire fences along the side of a path may amount to a public nuisance. Electric fences adjacent to public rights of way should be clearly labelled.

What can I do if a public right of way is blocked?

You may remove sufficient of an obstruction on a public right of way to get by or else you may take a short detour to get around it, but be careful not to trespass on another owner’s land. Be aware however that if, for instance, you cut an illegal fence or wire across a public right of way thereby allowing livestock to escape onto a road or into a crop you could be liable for damages. It is therefore advisable that you report the obstruction to the Rights of way officer Tel 01793 466382.

What if a Public right of way is ploughed up?

Paths across fields may be cultivated if there is no reasonable alternative. The path must then be reinstated within 14 days of the first cultivation and within 24 hours of any subsequent works. The right to disturb the surface of a path does not apply to those which:

●·follow the headland or side of a field

●·are recorded as Roads Used as a Public Path (RUPPs) or Byways (Boats)

What if there are crops on a public right of way?

The farmer’s duty toward crops growing or encroaching on the highway is not an absolute one requiring the highway to be kept clear of all crops at all times. Rather, it is to ensure that the line of the highway on the ground remains apparent to the public and that the crop does not make the right of way inconvenient to use. As soon as the crop starts to cause an inconvenience to users of the path it must be cut or sprayed out to at least the minimum width (see below). The general rule is the crops will start causing inconvenience when they reach 15cm (6 inches).

Some paths have a specific width legally recorded and where this is the case it is this width, which must be reinstated and kept free of crops.    

What about this Right to Roam?

The Countryside and Rights of Way Act 2000 gives people new rights to walk on areas of open country and registered common land. However before the new right comes into effect the land must be mapped so everyone knows where they can walk.  

There will be wide public consultation before the maps are finalised and this is likely to take several years to complete. Once the access rights are in place, people will usually be able to walk on areas of mountain, moor, heath, down and common land.

For more information see the Countryside Agency’s access web pages www.countryside.gov.uk or ring the access enquiry line Tel 01242 533439