Who Is Responsible For Maintenance Of Public Rights Of Way – Landowners’ obligations

Rights of Way, their preservation, and the conflicts that this can bring with landowners are frequent and complex areas of civil dispute. It also is a major consideration in the searches undertaken when buying a property or land to ensure you are aware of your responsibilities. In England and Wales, the law relating to access to land is governed by the Countryside and Rights of Way Act 2000 (the “Act”)

In England and Wales, the public has the right to access what is called ‘access land’ – which is mainly registered common land, mountains, heathland and moorland, and other specifically shown (on the relevant maps) ‘open country. In theory, therefore, the land which is legally usable by the public in England and Wales is a rather small area of the total.

You can use access land for walking, running, watching wildlife, and climbing. Upkeep of public rights of way is an obligation of the landowner and it is also important to keep the route visible and not obstruct or endanger users. In this article, who is responsible for the maintenance of public rights of way – landowners obligations, we take a look at these responsibilities in more detail.

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For a free initial discussion on how we can advise you on your obligations as a landowner, get in touch with us today. We are experienced in dealing with all forms of agricultural law and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Maintenance of the right of way

As well as providing access to public rights of way, a landowner will have obligations to maintain them but the local authority will usually share these obligations. Local Authorities will be responsible for the maintenance of the surface of the path, so potholes will need to be filled at the council’s expense. The Highways Act makes provision for landowners to claim at least 25% of the cost of any replacement works from their local Highways Authority. Some authorities may also provide materials for the works or carry the works out themselves.

Landowners must ensure that vegetation does not obstruct the route from the side or from above. They should bear in mind how much clearance is needed depending on the type of route and who uses it. For example, a bridleway will require more clearance than a footpath due to the practicalities of a horse being ridden along the path

Access to the right of way is also a requirement. Landowners must ensure it is not obstructed in any way and they are also responsible for the maintenance of gates and stiles to ensure that they do not interfere with the use of a footpath.

Landowners should also be mindful of providing access to disabled members of the public and those with mobility issues. The Equality Act imposes duties to make reasonable adjustments to provide disabled people with access to services. There is no expectation that all rights of way should be adapted, but where features are being replaced, landowners should consider adapting them to make them more accessible.

What happens if you need to plough or spray the land?

The ploughing of a right of way is permitted where it crosses a field if it is not reasonably convenient to avoid doing so, but the footpath must be reinstated within 14 days. If the right of way is a footpath at the edge of the field, it cannot be disturbed.

If the land needs spraying, where the right of way crosses or runs alongside a field, an alternative route can be provided whilst the spraying takes place. If the public continues to use the right of way, spraying must stop temporarily. When spraying is taking place, it is essential that farmers should erect signs warning the public that spraying is in progress and that they should keep dogs on leads.

What happens if animals are kept on the land?

Often landowners will keep livestock on land which is crossed by a footpath. However, if any of these animals injure a member of the public, the landowner runs the risk of being sued. There are specific requirements for different types of animals. For example, bulls of recognised dairy breeds older than ten months are banned from fields crossed by public rights of way, and bulls over ten months old of any breed must be accompanied by cows or heifers.

When can you close Access Land?

A landowner in England or Wales has the right to close his access land for up to 28 days per year, or for other suitable periods (including permanently) of safety, land management, to protect nature or ancient monuments, on grounds of national security or for up to three months in an emergency.

Is it possible to change a public right of way?

Highway authorities have certain powers to make changes to public rights of way in their area.

You can agree to create a new public right of way or apply to your local authority to make an order extinguishing, diverting, upgrading, or downgrading a footpath, bridleway, or restricted byway in some circumstances.

You can also make changes to the legal status of public rights of way but this will require the advice of a suitably qualified solicitor.

How we can help

We have a proven track record of dealing with landowner obligations. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Agricultural law Solicitors

It is important for you to be well informed about the issues and possible implications of a public right of way running across your land. However, expert legal support is crucial in terms of ensuring a positive outcome to your case..

To speak to our Agricultural Law solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News Tagged as