Blocked bridleway What's the law ?

A barbed wire fence and no trace of a gate or stile where the bridleway crosses a field boundary.
I think I’ve heard that it’s OK to remove an obstruction using tools or equipment that you just happen to be carrying, but not OK to load up with tools with the intention of clearing an obstruction.
Is that true ?

So, lots of people carry multitools, the ones that include wire cutters, for all sorts of reasons.
Just cut a hole in the fence and let the farmer round up his sheep later then ?
Or report it via fixmystreet and wait 8 weeks for the council to send someone out to look at it ?

Ramblers’ Association – ISTR they have clout. You don’t need to mention the B word.

I would contact the local parish council and county council for the highways officer. Where I live my father is the highways officer and he can ask the farmer to clear the obstruction and if they don’t the parish counciler will contact the county counciller responsible.

Personally when I know their is a block path due to crops/brambles/over-grown hedges I take some clippers with me and cut the **** back! I wouldn’t do it with a fence though.

Is the same true of footpaths? A small section of The Great North Forest Way near me has been ploughed up by the farmer and is uncrossable. Ruined one of my favourite dog walks.

BHS answer

is it truly uncrossable or just a bit awkward?

surely if it’s a public right of way, of any variety, a blockage is a blockage and should be unblocked, with help from the council’s rights of way officer, provided of course that it doesn’t put livestock in danger…

I rode into a cattle electric fence the week before last, strewn across a b/way, clearly there to direct cattle into another field… 🙄 I got a ping, wasn’t much but if I wasn’t hacking it at the time I may have been able to stop sooner.. Not been over that way since, must go again…

I think the farmer has to reinstate rights of way in 14 days

The landowner has a responsibility in law to keep all PRoWs free from obstruction. If it has been deliberately blocked, you need to contact your county council rights of way bod who will make representations to the owner to clear the obstruction.

Bear in mind that this is all very dependent upon it actually being a right of way – just because it’s shown on the OS map, or signposted or “apparent” on the ground doesn’t mean that it still exists. The only sure-fire way to check is to look at the definitive maps, again held by your local county council.

Where rights of way cross fields used for crops, the landowner must reinstate the right of way within so many days of the crop being harvested, again subject to local by-laws.

Erm. Just lift your bike over the fence and ride around the field edge.

You’re in Worcestershire aren’t you? One of the things they do well is an online RoW problem reporting system, which does appear to function. You’re still into the delay whilst they think about looking at it, unfortunately, but at least reporting is efficient and they do provide feedback. Similarly the definitive maps are online on a fairly decent system.

Lets see if you can get a go with a plough and see if you can do any better. As said above they have time to make it right. Once the field is ploughed, prepped and sewn the path could come back. In the end of the day a ploughed field in’t an obstacle it’s a feature.
Probably find out if your right, ask the landowner where the BW goes etc. if you get no joy there then try the council. Just don’e run in shouting I HAVE A LEGAL RIGHT AND I WILL CUT YOUR FENCE DOWN

Indeedy Maximus & Acracer have it, South Staff’s Reporting Rights of way problems, if its further north than worc’s. They eventually send a bod out to investigate, I’ve asked them to look at stuff & they respond by email quickly & will update you on there investigations

check the definitive map of the area (council website) – that’s what legally defines ROW – I tend to respond to the situation – if it looks like a permanent fence I’d report it (council web page should have ROW contact dets), if it looks temporary possibly not. I’d certainly climb over (at a major post and without damaging) and continue, if I was sure it was a bridleway.

“has been ploughed up by the farmer and is uncrossable” – walking ??? and by a dog ???? mmmmm, alternative thought suggestion – do you love walking through a field of waving, golden crop and seeing the countryside gloriously reflect the seasons in a multitude of colours and textures – I do and ploughing is just part of that, it is a pain but in a while it will flatten and be reusable – esp if people make the effort to use it.

ime I get considerably less grief from landowners/’country types’ than from people who I meet using their land, that makes me want to work with them as they go about their business, I’m also wary of getting trails repaired as flat gravel and cinder isn’t that exciting.

Land managers’ responsibilities
The land manager must respect the public’s rights of passage and not do anything that would
inconvenience or endanger the public in any way. The land manager has responsibility for the
following:
• Keeping rights of way clear of any obstructions, such as padlocked gates, rubbish, barbed
wire, slurry, manure, electric fences, hedgerows and chained or loose dogs, and warn users of
potential dangers (e.g. slurry lagoons, cliffs) near rights of way.
• Cutting back vegetation encroaching from the sides (but not the surface) and above, so that it
does not inconvenience the public or prevent the right of way being apparent on the ground. On
bridleways, horse riders should be allowed 3 metres (10 feet) or headroom.
• Keeping paths clear of crops (other than hay and silage) to ensure that they do not
inconvenience users.
• Ensuring that stiles and gates on rights of way are maintained in good order.
• Providing adequate bridges where, with the permission of the highway authority, new ditches
are made or existing ones widened.
• Ensuring that cross-field footpaths are ploughed or disturbed only when it it not convenient to
avoid them.
• Ensuring that field-edge footpaths and bridleways and all byways open to all traffic, roads
used as public paths, restricted byways and unsurfaced public roads are never cultivated.
• Where the cultivation of a cross field footpath or bridleway cannot be conveniently avoided,
ensuring its surface is made good to at least the minimum width within 14 days of first being
cultivated for that crop, or within 24 hours of any subsequent cultivation, unless otherwise
agreed with the highway authority.
• Ensuring that paths over cultivated and remain apparent on the ground at all times and are
not obstructed by crops.
• Ensuring that bulls are not kept in a field crossed by a path unless they do not exceed 10
months or are both not of a recognised dairy breed and are accompanied by cows or heifers.
• Ensuring that any warning notices are displayed only when a bull is present in a field.
• Never keeping an animal known to be aggressive (including a bull of whatever breed) in a
field to which the public never has any access.
• Waymarking public rights of way (where the occupier consider it necessary and desirable).
• Ensuring that not misleading signs are placed near rights of way that might discourage
access; highway authorities have powers under section 57 of the National Parks and Access to
the Countryside Act to remove such signs.

Management of public rights of way
The main responsibility for rights of way falls on the highway authority. The highway authority
is the county or unitary authority for the area. It has a wide range of statutory duties – that is
action it must take – to protect and maintain rights of way; and it has discretionary powers – that
is action it may take if it wants to.
Duties of the highway authority
• Maintain the surface of highways, and control vegetation (other than crops) on the surface of
field-edge paths and those enclosed by hedges, fences or walls and on set-aside land.
• Maintain bridges over natural watercourses including farm ditches (if the ditch was there when
the path was first recorded).
• Provide signposts where rights of way leave metalled roads (highway authorities may also
waymark rights of way, after consulting the landowner).
• Assert and protect the public right to use public rights of way.
• Secure the removal of obstructions including those due to damage to the surface.
• Ensure there are no intimidating notices that deter the public from using the paths shown on the
definitive map, and prosecute anyone who displays such notices.
• Take action, in default where necessary, to ensure that the duties of others are carried out.
• Provide a minimum 25% contribution towards any costs incurred by a landowner in
maintaining stiles or gates on public rights of way.
• Prepare rights of way improvement plans.
Additional powers
• Make orders to create, divert, and extinguish rights of way.
• Create new paths by agreement with the landowner.
• Improve rights of way, including the provision of seats and lighting.
• Appoint footpath wardens.

Yep, as mentioned above: –

a) Double-check on your local councils website (they should by now have an online ‘definitive map’) as to whether it is a BW
b) If so, ring your RoW team and report it as an obstruction (give them the path no / grid ref / photo would be nice) and ask it be investigated as soon as they can and get an ETA to follow it up. Don’t report via fixmystreet as it takes too long.

Path users can use secateurs / etc to remove small branches / patches of brambles / etc, but that you can’t cut barded wire / fences / take gates of hinges / etc. If badly obstructed you are allowed to make minor deviations to get back on the PRoW, e.g. nip over a nearby gate and bypass the fence / whatever.

Ploughing, only cross-field FP’s / BW’s can be ploughed. Field-edge PRoW’s can’t be ploughed. The line of the PRoW must be made reasonably convenient (1m for FP’s 2 for BW’s) within 14 days then 24 hours for any repeated disturbance.

Electric fences, report immediately as an ‘obstruction’ if there isn’t a hook handle thing / foam handle. If its still there 3/4 days (or the next time you’re passing) after reporting it, perhaps pull one of two posts up so you can cross it.

Just shout if anyones got a PRoW related question.

I’m always surprised that farmers don’t reinstate the line of ploughed out paths more clearly. I’d have thought they’d welcome people sticking to a nice defined line rather than wandering speculatively across their crop. Surely only needs a run along the line on a quad to do it.

Hi Schnor, here’s one for you

Are there any guidelines as to what a council could realistically view as a S164 nuisance regarding Barbed wire alongside PROW – ie width for FP or BW?

Secondly, assuming that A ROW hasn’t got a width recorded in the statement, are there any pointers as to an acceptable width between fences?

Have had a bit of a spate of new fences appearing on a nearby estate

cheers

I’m always surprised that farmers don’t reinstate the line of ploughed out paths more clearly. I’d have thought they’d welcome people sticking to a nice defined line rather than wandering speculatively across their crop. Surely only needs a run along the line on a quad to do it.

There is actually a farmer whose land I drive past on the way to work every morning who does demarcate the lines of RoWs across his land. When he has barley growing, he runs a shoulder-width line of weedkiller or whatever between the access points – when the crop is green it shows up as a lovely orange line across the field! Genius!

do you love walking through a field of waving, golden crop and seeing the countryside gloriously reflect the seasons in a multitude of colours and textures

Not if said waving golden crop is oilseed rape, which is what seems to be in most of the crop growing fields crossed by FPs around here. I understand that farmers have to grow crops on their fields, and not complaining (those I can think of all seem to the the FPs reinstated promptly), simply pointing out that it’s not that joyful an experience.

b) If so, ring your RoW team and report it as an obstruction (give them the path no / grid ref / photo would be nice) and ask it be investigated as soon as they can and get an ETA to follow it up. Don’t report via fixmystreet as it takes too long.

As discussed above, both possible councils have a good online reporting system, which is preferable to either the phone or fixmystreet.

Hi ninfan,

Are there any guidelines as to what a council could realistically view as a S164 nuisance regarding Barbed wire alongside PROW – ie width for FP or BW?

No guidlelines I’m afraid, it lies in the judgement of the investigating officer as to if it represents a danger / nuisance to path users. If so, we’d ask the landowner to make the fence safe. A majority of the time its when a new fence goes up parallel to a (usually narrow) PRoW and the barbed wire is on the same side of the fence, we’d ask that the barbed wire gets put on the other side of the fence posts. I only serve notice as a last resort, IIRC I’ve never issued a S164 though.

For the status, most RoW departments would be a bit more cautious on a BW / Byway (see below for widths) due to potential injury to horses, rather than ripped clothing, for example.

Secondly, assuming that A ROW hasn’t got a width recorded in the statement, are there any pointers as to an acceptable width between fences?

If the width of a PRoW isn’t recorded in the statement (not many are TBH) or other documents, its width is a “matter of fact to be determined on each occasion” or indeed the width that the public have “customarily enjoyed” e.g. if people have always used the full width of a 6m wide path enclosed by walls, then the path is 6m wide, so you can’t put up a boundary in the middle of it even though 3m would be enough.

Again there are no guidelines, but its generally accepted 2m for a footpath, 3m for a BW and 4m for a byway; this gives a reasonable width for two users to pass (depending on the status). So if you have an open field with a FP going down the side of it, if you want to fence off the FP, you give a 2m gap between that and the next boundary and put the barbed wire on the other side of the FP.

If you’re going to put up a fence like this, I’d be worth contacting your PRoW department in advance, get them to write a letter / email to confirm they are satisfied with the width.

As cropping was mentioned above, it is (for me) an interesting dilemma. Even if acting quickly by going out there, then serving notice within 7-10 days, this gives the farmer 14 days to clear, if he doesn’t, I serve notice again saying “ok clear it within 14 days or we’ll do it and bill you”, 95% of the time, by the time cropping problems are reported to me the chances are it’ll be harvested by the time I can legally get the path opened.

Saying that, we keep lists of ‘problem’ paths and write to the landowners in the spring reminding them of their obligations, but there are some that know that they can block PRoWs with crops and effectively get away with it. If we had more staff, perhaps we could be proactive about it.

OSR is awful stuff, especially when it droops across the path getting you tangled up. In maize fields I always think of those horror films, one minute you’re walking along then the next you hear movement or a snarl and then you’re being dragged along the floor to be eaten / chainsawed into pieces / whatever 🙂

Accepting that some farmers and land owners will put unreasonable obstacles in the way to be awkward, give them a break guys, the majority aren’t doing anything purposefully restrictive and are just trying to work the ground, to make a living.

Having to walk (or cycle) around the edge of a field instead of taking the direct route is no great hardship, and the planting of a crop is not a permanent or deliberate attempt to block a right of way, it just depends on crop rotation, not every field can be left in grass all the time. Having to cut a path through a valuable crop to save ‘outdoorsy types’ having to walk a couple of hundred yards extra really seems a pointless task when they’re out for the exercise anyway, and, as said a crop is not a permanent barrier.

Like most things it’s all about give and take, core. If there’s a good route around the edge of a field I’m more than happy to take that instead of the official line. If the farmer appears to have gone out of his way to make life difficult for RoW users then I’m inclined to trample as much as possible on my way across his land. I’ve always had association with the country and known farmers – currently my son goes to nursery on a farm – so I understand some of their issues. All the decent ones seem happy enough with legitimate walkers/riders (I still remember the incident when I was out running at night with a powerful headtorch – had accidentally gone a bit off the RoW and got a farmer chase after me on a quad bike – when he found I was running he was very happy to just point me in the right direction, he’d thought I was on a motorbike).

I like the BHS’s attitude to definitive maps;

Although this is the most up-to-date map available for reference, it may not be wholly correct. There are many bridleways in use or with evidence of use that are not shown on the definitive map, but still exist…If it is not recorded, tell the council that it has been ridden and ask for guidance on applying for a modification order to legally define it as a bridleway. BHS Access and Bridleway Officers may be able to help you. Join the Society to support this crucial work and help as a volunteer, too.

Does that go for cycling too ?

core – Member
Accepting that some farmers and land owners will put unreasonable obstacles in the way to be awkward, give them a break guys, the majority aren’t doing anything purposefully restrictive and are just trying to work the ground, to make a living.

Having to walk (or cycle) around the edge of a field instead of taking the direct route is no great hardship,

True, and there are local dog walks where it makes sense to do just this, but in the case of the field I mentioned above, the crop grows right to the hedges, the field is massive and I’m wary of not sticking to the designated footpath as the local farmer has a bit of a reputation.

My local council does have contact details for the rights of way officer, so I’ll check the path again some time soon and if it’s still blocked, I’ll snap it and get in touch.

MidlandTrailquestsGraham – Member

Does that go for cycling too?

Definitely, the DM can be amended by legal order if evidence of missing Rights of Way are discovered, but its a more complicated process than the BHS quote suggests.

To that end there was an attempt in England to amalgamate the efforts of the various groups / organisations, called Discovering Lost Ways. As the link mentions, even though the article is fairly old, since 2004 (in Cheshire, who are very good at them) only 5 out of 109 applications were successful (i.e. passing the first hurdle of “if we’re going to spend money on this it had better be a good application”, and due to their back-log (everyone has one measured in years) none have since been added to the DM. So 9 years and 0 new paths – FP’s OR BW’s!

It was decided it’d be easier to simplify the process via parliament instead. This is the lastest impact assessment for it, after the Defra working papers / public consultations on it over the last 2 years or so, but this is just for England.

The Welsh version (for some reason its a devolved issue) – which isn’t as extensive as England is to “deliver an enhanced network subject to budget availability and following due process” … whatever that means – is through the Active Travel Bill, but it’s been very quiet on that front for the last 6-9 months, so quiet I’d completely forgotten about it and the stuff I probably need to do about it 😮