Public rights of way guidance

Stiles, gates and other structures

Stiles or gates across a public path are a licensed obstruction.

In order to erect a stile or gate, a landowner will need to obtain the consent of the county council, as highway authority. Consent can only be given by the county council, if the stiles or gates are required to prevent the ingress and egress of animals on land which is used for, or about to be brought into use for, agriculture or forestry. (Section 147 of the Highways Act, 1980.)

The sole exception to the above is that the county council may, on its own authority, erect stiles, gates or barriers on public footpaths or bridleways as it deems necessary to safeguard people using the highway (Section 66 of the Highways Act 1980, as amended by Section 70 of the Countryside and Rights of Way Act 2000).

It is the landowners' responsibility to maintain any stile, gate or other structure across a public path in a safe condition and to a standard of repair required to prevent unreasonable interference with the rights of the person using the right of way. The highway authority can serve notice on the landowner requiring repairs within 14 days and, if necessary, following the expiration of the notice undertake the work and seek to recover its costs. (Section 146 of the Highways Act, 1980.)

A bridleway gate should have a minimum width of 1.5 metres (5 feet). The highway authority can serve notice on the owner of a gate requiring it to be enlarged, ensure it opens freely or to remove it. (Section 145 of the Highways Act, 1980)

There is no statutory minimum width for a stile, although it must not unreasonably restrict the use of the path.

Although the maintenance of stiles and gates is the responsibility of the landowner they can recover at least 25% of the cost from the Highway Authority.

Signposting and waymarking

The Highway Authority has a duty to signpost all public paths where they leave a metalled road. (Section 27 (1) of the Countryside Act, 1968.)

The status of a right of way must be given but the provision of supplementary information such as destination and distance is discretionary.

Signposts need not be erected in situations where the highway authority considers it unnecessary and the Parish Council agrees. (Section 27(3) of the Countryside Act 1968)

The highway authority also has the power to erect waymarkers along routes to assist persons unfamiliar with the locality. Consultation must first take place with the landowner/occupier and way marks should not be attached to any structures owned by the landowner/occupier without their permission. The merit of waymarking is that it assists path users unfamiliar with the locality to follow paths more easily thus avoiding inadvertent trespass or damage.

Pulling down or obliterating a direction sign is an offence. (Section 131 of the Highways Act, 1980). The offender can be prosecuted in the Magistrates' Court and such incidents are reported to the police.

Obstructions and other nuisances

Any person who wilfully obstructs the free passage along a highway, without lawful authority, is guilty of an offence under Section 137 of Highways Act, 1980 and liable to a fine. Furthermore, under Section 64 of the Countryside and Rights of Way Act 2000, a magistrates Court may, on the conviction of a person for wilful obstruction, order the person to remove the obstruction if it is in that person's power to do so. This may be in addition to, or instead of a fine.

A highway obstruction has been defined as "something which permanently or temporarily removes the whole or part of the highway from the public's use altogether".

An encroachment which reduces the width of a highway, e.g. the extension of a garden fence across a right of way or a building is an obstruction, even if the obstruction is only partial.

Any unauthorised structure on a right of way can be considered an obstruction and the highway authority can serve notice on the person responsible for the structure requiring them to remove it within a period of one month. If the notice is not complied with, the authority may remove the obstruction and seek to recover the costs incurred under Section 143 of Highways Act, 1980.

Damage to the surface

It is an offence to damage or disturb the surface of any public right of way and to deposit anything on it, without lawful authority or excuse, so as to render it inconvenient for the public.

The damage or disturbance can include digging a ditch or carrying out any other form of excavation; removing soil or turf (except when carrying out lawful improvements) and the ploughing of field-edge paths.

The Highway Authority has a duty to try to remedy the situation, if necessary, by Magistrates' Courts proceedings. (Sections 131 and 131A of Highways Act, 1980).

Barbed wire fence adjacent to the highway

Maintenance of any fences abutting a public path is the responsibility of the landowner. Where there is a barbed wire fence along the side of a path which is likely to injure path users or animals on the highway, the highway authority may require its removal by serving a notice on the occupiers requiring them to abate the nuisance within a specified time (from 1-6 months). If they fail to comply with the notice a Magistrates' Court may order them to do so and empower the authority to remove the fencing itself and recover the cost from the owner. (Section 164 of Highways Act, 1980).

Ploughing and cultivation

The statutory right to plough or disturb by cultivation applies only to cross field footpaths and bridleways over agricultural land. Headland footpaths or bridleways must not be ploughed or disturbed by cultivation.

After ploughing or other disturbance, the surface must be made good so that it is reasonably convenient for the exercise of the right of way and the line of the path must be indicated on the ground to at least the minimum width. This must be done within 14 days of the first time the surface is disturbed for the cultivation of an agricultural crop and within 24 hours of any further disturbance during the cultivation of the same crop.

If the occupier fails to make good the surface within the time limits, or if the crop obstructs the minimum width (as detailed below) of the path during the growing period, the highway authority can serve 24 hours' notice on the occupier, of their intention to carry out the necessary work itself to reinstate the right of way, or if the occupier cannot be located, post notices on site. Alternatively, the authority can prosecute the occupier in the Magistrates' Court.

A very small number of footpaths and rights of way are subject to a common law right to plough. Unless this right is recorded in the Definitive Statement the onus is on the occupier to prove the existence of the right. Where there is a common law right the occupier is not obliged to make good the surface but must keep it clear of growing crops.

The minimum widths for the reinstatement of cross-field paths, following cultivation or removal of crops from the surface, and for headland paths are as follows:

• Headland or field-edge footpath - 1.5 metres
   
• Cross-field footpath - 1 metre
   
• Headland or field-edge bridlepath - 3 metres
   
• Crossfield bridlepath - 2 metres
   

Overhanging vegetation and fallen trees

Maintenance of any vegetation overhanging the right of way is the responsibility of the landowner unless the vegetation is growing on land forming part of the highway, i.e. the verge. Where a hedge, tree, shrub or any vegetation overhangs a highway so as to endanger users, the highway authority has the power to require the owner or occupier to cut it back within 14 days of service of a notice. However, the owner or occupier has 21 days from the service of notice in which to appeal to the Magistrates Court against the terms of the notice. If the work is not done within the stated time-scale, the authority may do it itself and recover the cost from the owner. (Section 154 of Highways Act, 1980).

The highway authority is responsible for ensuring that fallen trees are removed from the highway either by requiring the landowner/occupier to clear the route or by removing as much of the tree as obstructs the route. Trees growing on the path are normally the Authority's responsibility. (Section 154 of Highways Act, 1980).

Misleading notices

It is an offence for any person to place or maintain on land on or near a public right of way, a false or misleading notice which is likely to deter the public from using that way. A Magistrates' Court can require the offender to remove the notice and impose fines. (Section 57 of National Parks and Access to the Countryside Act, 1949).

Deposition of material on a highway

It is an offence to deposit, without lawful authority or excuse, anything whatsoever on a highway, in consequence of which a user of the highway is injured or endangered. It is also an offence to allow any filth, lime or other offensive material to flow onto the highway, or to place any rope or wire across a highway so as to endanger people using the highway. If the substance deposited is endangering public safety the highway authority can remove it immediately and seek to recover costs, otherwise they can prosecute the offender in the Magistrates' Court.

If substances are deposited as a result of fly-tipping and whilst unsightly are not preventing the use of the right of way it is the duty of district councils to remove them under the Environmental Protection Act 1990. (Section 161 (2) of Highways Act, 1980).

Firearms

It is an offence to shoot across a vehicular highway. However it is not an offence to shoot across a footpath or bridleway, although it may amount to a public nuisance or be considered as wilful obstruction of the highway. It is an offence to carry or use firearms on or near a right of way in order to intimidate or deter the public from using the right of way.

Railways and quarries

It is an offence not to fence off a railway adjacent to a highway or a quarry which is dangerous to the public because of its location (under the Railway Clauses Consolidation Act 1845, Section 68 and Mines and Quarries Act 1954, Section 51). In other cases of dangerous excavations and structures on land adjoining a Right of Way the nuisance may be an offence under common law.