Forum menu
Ploughed Bridleways...
 

Ploughed Bridleways and footpaths every year.

Posts: 1510
Free Member
Topic starter
 
[#12407345]

A number of local land owners in my neck of the woods plough the bridleway and footpath that cross their fields and never reinstate the right of way. The crop grows, people raise online reports with the local council complaining that the rights of way is not present, and yet nothing happens. Legislation is very clear regarding the reinstatement of the right of way within 14 days of ploughing or face a fine, but the local authority fails to enforce said legislation. As a result, the local landowners just do as they choose. There are 4 land owners who neighbour one another and they all do the same. So I suspect it's a nationwide problem.

Can you take the local authority to court for failing in their duty? I am very passionate about ensuring that rights of way are open to all and not just disregarded as an inconvenience, Many rights of way have existed for 100s of years and it's a real shame to see land owners just erasing them.


 
Posted : 29/05/2022 9:29 pm
Posts: 0
Free Member
 

They do that in parts of Gloucestershire people just carry on using it after it is ploughed and planted and just gets flattened down used a bridleway few weeks ago with oil seed rake either side of it about 4 foot high with dead plants in the middle think it is the norm around here.


 
Posted : 29/05/2022 10:27 pm
Posts: 33207
Full Member
 

people just carry on using it after it is ploughed and planted and just gets flattened down

Seems to be what happens here maybe half the time


 
Posted : 29/05/2022 10:40 pm
Posts: 1510
Free Member
Topic starter
 

Legal Position

"The public has the right to walk though crops growing on or over the path and they can also report it to the highway authorities, which have the power to prosecute or cut the crop and send the bill to the landowner. "

If only.


 
Posted : 29/05/2022 10:52 pm
Posts: 11402
Free Member
 

least in open fields you are not having to deal with fallen trees, overgrown impassable bramble ridden nettle fests.


 
Posted : 29/05/2022 10:56 pm
Posts: 2339
Full Member
 

Yes, I see this too. Lovely fields of barley waving over the RoW. Even if the council acts, the crop will long be in before the bureaucracy runs its course. Landowners flout the rules for profit.


 
Posted : 29/05/2022 11:36 pm
Posts: 1510
Free Member
Topic starter
 

Landowners flout the rules for profit

Couldn't agree more. If local councils dragged a few of them in front of the court, then I suspect word would get around and they stop breaking the law.


 
Posted : 29/05/2022 11:48 pm
Posts: 0
Free Member
 

Farmers are under a lot of financial pressure and adding extra work removing a crop and flattening ground for every right of way isn’t something they will prioritise. If a ROW gets used often enough it won’t be an issue as the line will reappear pretty fast through natural footfall.
Rather than running to the authorities every time why not speak to landowners and see if you can work together in some way to benefit each other?
I’m from a country background and have worked with farmers in a previous job and know that a nice approach with them often works well. There’s a lot of things farmers just don’t do anymore that used to happen decades ago such as proactive maintenance of land drainage and boundaries, hedgerow planting etc etc. And this is generally the fault of supermarkets forcing prices down so low that many farmers can’t hire the labourers they used to.

You have a lot more spare time than the farmers, why not get involved yourself? When I lived in a little country village there was a lot of interaction between farmers, gamekeepers, local businesses and local people to help each other out.


 
Posted : 30/05/2022 1:43 am
 eddd
Posts: 171
Free Member
 

It doesn't sound like the landowner is actively blocking the ROW - just using the field as, well, a field. By all means complain if the former is the case. For the latter, just walk through it! You're in the countryside not center parcs.


 
Posted : 30/05/2022 5:16 am
Posts: 44816
Full Member
 

Complain to the rights of way officer in writing and keep the pressure on. Local authority have had such savage budget cuts that they cannot do everything they should anymore and tend to react rather than be proactive - so make a fuss. the squeaking gate gets the grease


 
Posted : 30/05/2022 6:28 am
Posts: 6362
Free Member
 

Such handwring over nowt.
If the path is walked then it will be clear. If it isn't then whats the harm? Agricuture is more important than the odd recreational walker. Surely any self respecting STWer with the concern so professed for the environment will agree that our own ability to provide food is more important than a bit of leisure.
With over worked and under funded authorities struggling it is irresponsible to insist on them performing an unimportan task that benefits none one.
Live and let live not get on your high horse about trivial things.


 
Posted : 30/05/2022 8:27 am
Posts: 35091
Full Member
 

I'm with @mattsccm here, as long as you can get around the edge of it, I'd personally not loose sleep about the accuracy of where the path goes across a working field. Many ROW are "indicated"


 
Posted : 30/05/2022 8:40 am
Posts: 1510
Free Member
Topic starter
 

Can I just check. This is a mountain bike forum?


 
Posted : 30/05/2022 8:50 am
Posts: 3677
Full Member
 

But paths are 'not used enough' because farmers block/obstruct them, or they just let them get difficult to use. And then they don't bother because 'nobody uses it'. And then the access could be lost completely. Riding a bike across a freshly ploughed field is pretty miserable. Doing it to find out that the only exit from the field is through a tunnel of brambles, across a ditch with a broken bridge, meaning you have to turn around, is even more miserable.


 
Posted : 30/05/2022 9:01 am
Posts: 1421
Free Member
 

I've yet to be chased of land by an angry farmer for following the right of way if crops are planted over it. Like @Mattsccm and @Nickc just ride along where the ROW would be or go round the edge of the field. You can't reasonably expect the ROW to be cleared if it's barely used (which I'm guessing if the crops have had chance to grow and no-one's walked over them is evidence of little use). Yes, it's a mountain bike forum so go and ride in the mountains and not through a field of crops 😉


 
Posted : 30/05/2022 9:04 am
Posts: 396
Free Member
 

[townie_notunderstandingcountryways]

per TJ though my understanding is most councils have the minimum of overworked/very under resourced in this area nowadays

also I would look at finding out which councillor has highways in their portfolio and pressing them to take action...you might want to send them copy of the relevant legislation as a lot of councillors aren't always aware (my opinion)

another option is The Ramblers (horror after horror in this post) they have a strong well supported network of volunteers dealing with access issues - there is an email address on their website

[/townie_notunderstandingcountryways]


 
Posted : 30/05/2022 9:07 am
Posts: 0
Free Member
 

If you take the farmers on and force their hand with this kind of stuff they'll just flog the land for houses and say "**** you" as they drive off into the sunset.

Land ownership is the best kind of power to have and farmers are very aware of this.


 
Posted : 30/05/2022 9:07 am
Posts: 1510
Free Member
Topic starter
 

You can’t reasonably expect the ROW to be cleared if it’s barely used (which I’m guessing if the crops have had chance to grow and no-one’s walked over them is evidence of little use).

Yes, you can expect it to be clear. What's the point of having legislation if it's ignored. If people don't think they should be cleared, then why not just get the council to remove the rights of way in question. Land owners will be delighted and yet more rights of way lost for the future generations.


 
Posted : 30/05/2022 9:09 am
Posts: 11641
Free Member
 

Surprised at the attitude on here, ploughed rights of way are often impassable for weeks when it's wet, it destroys the soil structure and a grassed all weather route stands up much better to rain.

Round my way there is a diagonal route through a field, it's got rape in it this year which has suddenly grown and overhung the narrow path, to the point you now need to hold your brake levers open to be able to ride through it. Nice descent in one direction, I just need some rebellious e-bikers to attend after ploughing to turn it into a twisty bridleway (it always deviates each year as you can't see the far end so have to guess where to head when it's ploughed)


 
Posted : 30/05/2022 9:10 am
Posts: 0
Free Member
 

another option is The Ramblers

Worth noting that The Ramblers' constitution actively states that they will not campaign on any matter that increases access for non-foot users as granting access to others is deemed detrimental to their 'enjoyment'. You're likely to end up with a permanent RoW that has either been reclassified as a footpath or has gates all along it.

Never trust the ramblers.


 
Posted : 30/05/2022 9:11 am
Posts: 33207
Full Member
 

Part of the reason ROW is understaffed is that they only want experienced people, even for the admin support roles.

Looked at an ROW admin role the other week which again asked for experience. Rang the contact to discuss it and they were adamant they don't have the resource to take on and train people from scratch.

I'd happily take the pay cut to work in that field (ha!), use my experience of implementing legislation, negotiating with conflicting parties, but apparently not what they want.


 
Posted : 30/05/2022 9:12 am
Posts: 2339
Full Member
 

You have a lot more spare time than the farmers, why not get involved yourself?

Would you like me to bring a wheelbarrow of tarmac and fix all the potholes in your street, too?


 
Posted : 30/05/2022 9:19 am
Posts: 1510
Free Member
Topic starter
 

Would you like me to bring a wheelbarrow of tarmac and fix all the potholes in your street, too?

haha. Reply of the day. I'll await his response.


 
Posted : 30/05/2022 9:21 am
Posts: 4398
Free Member
 

For every farmer that doesn’t quickly reinstate a right of way, I’m sure there’s a c**t of a mtb’er riding footpaths and ‘cheeky off piste’ stuff nearby to ensure the world stays in balance ☮️ ✌🏻


 
Posted : 30/05/2022 9:22 am
Posts: 1421
Free Member
 

You're not necessarily talking about 1 or 2 rights of way that may need clearing on a large amount of land, to clear some of the ROW's (for example large crop fields in somewhere like Lincolnshire) by hand is an incredibly time consuming job. I'm not suggesting it's being ignored or that I don't think that they should be cleared but look at it from another perspective. You could argue what's reasonably practicable, given the way crop planting is carried out, (and availabilty of workers in the current climate!) for example and whether that method is compatible with not planting on a ROW.

You can always volunteer to your local authority to help with any ROW clearances or report issues on the pathwatch app.

Any chance of a link to the ROWs in question, it'd be interesting to see.


 
Posted : 30/05/2022 9:31 am
Posts: 40432
Free Member
 

If you take the farmers on and force their hand with this kind of stuff they’ll just flog the land for houses and say “**** you” as they drive off into the sunset.

Yeah, because they definitely wouldn't have done that already and it was just someone complaining to the council that forced their hand.

Fortunately council planning departments are at least slightly better resourced than PRoW teams.

OP - Have you contacted the council personally? If you feel strongly enough about it then your next step is the local press. I won't be happy until I see you pointing sadly at a field of rapeseed on Angry People in Local Newspapers.


 
Posted : 30/05/2022 9:46 am
 Drac
Posts: 50617
 

Just use them it’s sharp cut the path through.


 
Posted : 30/05/2022 9:47 am
Posts: 0
Free Member
 

Why is it an issue when a farmer doesn't flatten and grass a track through the middle of a working arable field but when the NPA does that on the side of a hill it's also a problem?

What about when cattle cross or use a field and churn up the RoW, especially at the gates?

It's a field, access the field, expect it to be a field with everything that goes with that, if the gates are locked or access is blocked then by all means, moan, otherwise get on with using the path, it'll soon enough be back.

(and those ancient and long-standing Row certainly weren't created by farmers making a pretty path after they ploughed, it's footfall that's created and maintained them over the years)


 
Posted : 30/05/2022 10:01 am
Posts: 10499
Free Member
 

Surprised at the attitude on here, ploughed rights of way are often impassable for weeks when it’s wet, it destroys the soil structure and a grassed all weather route stands up much better to rain.

Hang on a minute, its not like they're ploughing them for fun and just leaving it like that; it's to plant crops and make a living. There's a few like this round here and the "footpath" always finds it's way back into the field.


 
Posted : 30/05/2022 10:05 am
Posts: 10538
Full Member
 

I just go round the outside of the field when they've been ploughed and planted.

Maybe we should be asking for the farmers to provide a bit more space round the outside of the field rather than trying to prevent them from using the middle bit.


 
Posted : 30/05/2022 10:13 am
Posts: 396
Free Member
 

gardentiger
....Worth noting that The Ramblers’ constitution actively states that they will not campaign on any matter that increases access for non-foot users as granting access to others is deemed detrimental to their ‘enjoyment’. You’re likely to end up with a permanent RoW that has either been reclassified as a footpath or has gates all along it.

Never trust the ramblers.

I wouldn't agree with the Ramblers policy on cycling for England. I'd advocate for riding on all public footpaths and CROW land but a grass roots membership has to be kept happy...this is from The Ramblers stated policy document on "Shared Use" (no, I haven't deleted the section on adding gates to deter the non walker)

".........Taken together, this means that cyclists currently have a right to access to approximately a quarter of all rights of way in England and Wales.

Existing legislation does however enable highway authorities to create shared use routes, defined by the Department for Transport as those which accommodate both pedestrians and cyclists. This can be achieved through the conversion of footways and public footpaths into cycle tracks, or through the establishment of ‘higher’ rights on routes previously designated as public footpaths. This legislation, coupled with political support to increase levels of cycling and a growing demand from user groups, could have significant consequences for Britain’s path network and those seeking to enjoy the outdoors on foot.
The Ramblers’ opposes proposals for cycling to be allowed as a matter of course on footpaths in England. While we will work with other user groups to improve the path network for the benefit of all, we will resist changes which are detrimental to the interests of walkers. Changing the status of a footpath or footway to bridleway or cycle track must be considered on a case-by-case basis, with decisions based on an objective consideration of a range of factors."

meanwhile

"January 2021

Ahead of the Environment Bill returning to Parliament this week, the Ramblers have joined up with a number of organisations to call on the Government to ensure better access to nature for everyone.

Sustrans, Institute of Health Equity, Cycling UK, YHA, the Campaign for National Parks and others have joined the Ramblers to urge the Government to ensure that the Environment Bill includes provisions that require the setting of long-term, legally binding targets and plans to improve people’s access to nature......
....The joint statement on access to nature has been signed by The Ramblers, British Canoeing, British Cycling, British Horse Society, British Mountaineering Council, CPRE The countryside charity, Cycling UK, Disabled Ramblers, National Federation of Bridleway Associations, Open Spaces Society, Sustrans, Byways and Bridleways Trust, Campaign for National Parks, Institute of Health Equity, The Trails Trust and YHA"

better to work with a savvy, organised, resourced organisation that gets stuff done than not trust it....use it


 
Posted : 30/05/2022 10:18 am
Posts: 13594
Free Member
 

Yes, you can expect it to be clear. What’s the point of having legislation if it’s ignored. If people don’t think they should be cleared, then why not just get the council to remove the rights of way in question. Land owners will be delighted and yet more rights of way lost for the future generations.

+1

The farmers know full well what they're doing.


 
Posted : 30/05/2022 10:28 am
Posts: 16383
Free Member
 

You can’t reasonably expect the ROW to be cleared if it’s barely used

But it'll be barely used because because it isn't cleared

The farmers know full well what they’re doing.

+1 to this. Its a way to keep people off the land


 
Posted : 30/05/2022 10:36 am
Posts: 35091
Full Member
 

The farmers know full well what they’re doing.

Sure, and I know exactly what I'm doing when I cycle on FP and unmarked tracks. It's hard to criticize when most of us will knowingly or unknowingly break the same laws*. If the track is popular enough it generally gets trod in. if not then go around the edge of the field. It's shouldn't be that contentious, just make a decision.

* all this says to me is that as they stand they're unworkable for a large part of the time for the folks that need to pay attention to them. If farmers are disincentivised  to maintain them, and we (as users) are not obeying them, then clearly they need reform


 
Posted : 30/05/2022 10:41 am
Posts: 4398
Free Member
 

Footpaths on fields? No problems.
https://youtube.com/shorts/GRb7ydT09z4?feature=share


 
Posted : 30/05/2022 10:59 am
Posts: 0
Free Member
 

In my part of the world it seems that some farmers are very good and either run a quad bike along the line of the route or they spray a line about a metre wide to kill the crop. Others do nothing and you have to find your own way across which tends to mean that multiple lines are created until a defined line appears(or not). A single line defined by the farmer must be preferable to reduce crop damage. A defined line also encourages use whereas a bare ploughed field is off-putting to some less determined walkers/cyclists.


 
Posted : 30/05/2022 11:40 am
Posts: 31100
Full Member
 

A single line defined by the farmer must be preferable to reduce crop damage.

This. I personally don't mind if it's a dog leg around the field, or the line shown on the map... but leaving it to trail users to walk or ride a line back in each year is either asking for a mess to be made of the crop, or alternatively is about hoping it keeps people from using the route because they don't want to mess up your crop (taking advantage of the good nature of most trail users to deny them access).


 
Posted : 30/05/2022 11:55 am
Posts: 18211
Full Member
 

I often find that the field is so far across that it's incredibly difficult to see the exit post, along with so often the arrow marker on the entrance being missing, damaged or sun-faded to nothing.

Hard to see the way then.

On a walk last weekend we had to walk across a field of barley. Couldn't see an exit post, nothing on the entry stile, no obvious trodden line and a long detour to go around the edge of the field.
Felt bad, but just headed for the most likely. Got there with a bit of zig-zagging.

I appreciate farmers don't have time or money for everything, but I'm also highly suspicious of tactics I see so often to make rights of way less attractive.

Hard to tell sometimes.

Been across some absolutely, dog-forsaken, hellish, purgatory, living nightmare muddy ploughed fields in my time.
Remember one couple of years back in the Cotswolds on the fatbike where I thought I might have to be helicoptered out!

So much mud on the tyres I couldn't push it, couldn't carry it as it had gotten so incredibly heavy, as had my feet.
Could barely walk from the mud-stacked platform shoes.
Thought I might die there... 😂
I didn't though.


 
Posted : 30/05/2022 11:56 am
Posts: 43955
Full Member
 

I'm genuinely confuzzled.

A Right of Way doesn't equate to a type of surface, only your right of piece of ground in question.

Not being able to find a marker post as it's the other side of a field? Gawd help you when you're somewhere with no marker posts.


 
Posted : 30/05/2022 12:02 pm
Posts: 31100
Full Member
 

In arable farming areas, having no line on the ground, and no signage, is a deterrent to RoW use. Not everyone is happy to tread down crops. Not everyone is out for a bit of oreinteering. Take the old dear walking her dogs... the family out on bikes together for the first time. Etc... countryside use isn't just for confident know it alls.


 
Posted : 30/05/2022 12:22 pm
 Drac
Posts: 50617
 

Imagine getting mud on your tyres, must have been terrible.


 
Posted : 30/05/2022 12:23 pm
Posts: 31100
Full Member
 

"Getting mud on your tyres"... plowed fields can be made pretty much impassable.


 
Posted : 30/05/2022 12:24 pm
Posts: 0
Free Member
 

Would you like me to bring a wheelbarrow of tarmac and fix all the potholes in your street, too?

I’d rather you did it properly if you are going to make any effort, or maybe you could whine to my council instead so I can put less effort in than you have?


 
Posted : 30/05/2022 12:28 pm
Posts: 396
Free Member
 

scotroutes
I’m genuinely confuzzled.

A Right of Way doesn’t equate to a type of surface, only your right of piece of ground in question.

flanagaj posted this link from Farmers Weekly further back:

https://www.fwi.co.uk/business/compliance/farming-near-footpaths-the-law-for-arable-farmers

which I think makes it clear farmers need to re instate the surface

Not being able to find a marker post as it’s the other side of a field?

my experience is that farmers (and other landowners/tenants) that block rights of way often ("accidentally") remove the signage to discourage use...my understanding is somewhere in the legislation there is a requirement for Highways Authorities to signpost where a right of way leaves a public road...I've found it useful to point this out to "difficult" landowners...as in I'll get missing signage replaced and you will get more people using the ROW if you carry on impeding me .... and yep I report anyway even when I get the its Ok for you then, nod/wink response


 
Posted : 30/05/2022 12:32 pm
Posts: 0
Free Member
 

Etc… countryside use isn’t just for confident know it alls.

Absolutely, for starters though they should pave striding edge, maybe put a lift in, or a train like snowdon, you've got to be really confident to use that RoW as it stands.

It's not about being a confident know it all, it's about outdoor use being outdoors.

A crop field will have crops in it. When it's wet it will get muddy, sometimes that will make the going very difficult. When it's sunny you may want a hat.


 
Posted : 30/05/2022 12:33 pm
Page 1 / 3