Can a farmer plough out a public right of way or allow it to become obstructed by Crops?
Ploughed paths - Farmers have a right to plough or disturb cross field paths, although they should try and avoid ploughing crossfield paths if it can be avoided. If a farmer chooses to plough out a path he must adequately reinstate the route within 14 days of the first disturbance and within 24 hours of any subsequent disturbance. Basically this means that the surface of the path must be made good and the line of the path marked with tractor tyre tracks.
Farmers should not plough out a headland paths (paths which runs along field boundaries) at any time. Crops growing on paths - A farmer must ensure that a path surface is kept clear of growing crops. All paths must be kept clear to a minimum width of;
1m for a crossfield footpath,
2 m for a crossfield bridleway,
1.5m for a headland footpath,
3 m for a headland bridleway.
Unlike reinstating a ploughed path, crops should be cleared off the full width of the path surface and not just the tractor tracks.
The highway authority regularly monitor paths which cross arable land to ensure that farmers observe their responsibilities relating to ploughing and cropping. The majority of farmers are happy to reinstate public paths and welcome the public onto their land. Unfortunately a very small number of farmers do not comply with the law. In such instances the Highway Authority can serve a statutory legal notice under the Rights of Way Act 1990, which legally obliges the farmer to reinstate a path or clear a growing crop. If the required work is not carried out within a specified time scale the highway authority may carry out the works and recover the costs from the farmer.
If you encounter any paths which have been ploughed out or crops growing on a path surface while walking or riding, please report these issues to the highway authority, who will ensure that the route is reinstated.
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Is it legal to keep a bull in a field which is crossed by a public right of way?
It is an offence to keep a bull in a field which is crossed by a right of way. However there are important exceptions. It is legal to keep bulls under 10 months old, and those which are not one of the recognised dairy breed, when they are accompanied by cows or heifers. Currently recognised dairy breeds are Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
A farmer should not keep a bull, which is known to be aggressive (regardless of breed), in a field which is crossed by a right of way.
If you concerned that a bull in a field is aggressive please contact the highway authority.
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Can dogs be tethered across a public right of way?
No. They should not be tethered across a right of way, nor should aggressive dogs be caged immediately adjacent to a public path if they are likely to intimidate path users.
If you encounter an intimidating dog whilst using a public right of way please notify the highway authority.
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Am I allowed to use a route which is signed as a public right of way if it also signed as being private?
Misleading signs can deter path users and make them feel uncomfortable, even when they know they are on the right path. If a right of way is shown on the definitive map, it is an offence for anyone to put up any sign or notice containing false or misleading information, which is likely to deter people from using the route.
You should report any misleading signs to the highway authority.
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Can a landowner shoot near to a public right of way?
It is an offence to fire a gun within 15 m of the centre of a road, if any highway user is injured, interrupted or endangered as a result. However it is not a specific offence to shoot across a public footpath or bridleway, but to do so may constitute a common law nuisance, wilful obstruction of the highway, a breach of Health and Safety at Work legislation or intimidation.
If a landowner shoots across a right of way in a manner which is likely to endanger path users he/ she could have their fire arms licence revoked.
Prior to commencing shooting a landowner should be aware of the presence of path users and cease shooting when appropriate.
If you feel that a landowner has been shooting in a reckless manner please report such incidents to the highway authority or the police.
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