General
While the Highway Authority is responsible for the 'top two spits' (about half a metre depth) of public rights of way (PRoW), the landowner also has rights and responsibilities. More detailed information can be found elsewhere on this website, but this page seeks to summarise some of the essential issues.
Cultivation and Crops
If cross-field footpaths or bridleways are cultivated, then the farmer is responsible for keeping the path visible, open and useable. Single Farm Payment cross compliance requirements include public rights of way - there may be penalties if paths are not clear of crops.
Grass cutting
The Highway Authority is generally responsible for cutting field-edge headlands. We have maintenance agreements with some farmers for this work.
Trees and hedges
Landowners are responsible for the safe management of trees and hedges. Hedges beside PRoW should be cut annually, even where other hedges are cut less frequently to benefit biodiversity.
Rutted droves
The Highway Authority is generally responsible for the surface of PRoW, but where damage is caused by agricultural use, then farmers should make good.
Livestock
Any livestock in fields crossed by PRoW must be safe with path users. There are specific rules relating to bulls.
Dogs
Path users must keep dogs under close control - for many dogs this may mean a lead. Farmers have a right to shoot dogs worrying livestock.
Barriers and gates
Authorisation is needed for new barriers or gates across PRoW. Landowners are responsible for the safe management of gaps, gates and stiles.
Private Rights
Private access rights often co-exist with public rights.
Illegal driving
It is an offence to drive without permission on a footpath or bridleway. Issues should be reported to the police.
Countryside Code
The Countryside Code has a section for landowners.
HLS support for permissive access
Higher Level Stewardship no longer offers revenue support for new access schemes. The Natural England page linked to the right includes a note about continuing access and notes on how NE wishes to target access capital funds when looking at spend on educational access sites.
Other issues
We prefer to work with landowners to resolve issues, please contact us if you have concerns about PRoW on your land and their best management.