Obstructions on Rights of Way
What should I do if I find an obstruction?
Although Rotherham's network of rights of way is well maintained and clearly defined, you may occasionally encounter an obstruction. Anything which takes either part or the whole highway from use by the public can be considered to be an obstruction. This should be reported to the Council. If we order an obstruction to be removed within a specified time and it is not removed within that period, legal action can be taken to remove it. The costs can be recovered from the person concerned.
If you encounter an obstruction on a right of way whilst walking or riding you may remove just enough of the obstruction to allow you to pass. However you must be careful not to let livestock escape. If your way is blocked by someone who you believe to be the landowner, you must not use or threaten force against them or their property. However you can politely but firmly continue to exercise your rights.
Alternatively you may pass around the obstruction, and deviate from the line of the right of way. Although if the land which you are deviating onto is in the ownership of another landowner you may be trespassing.
You are not entitled to remove anything that does not obstruct a path but which you feel is dangerous to path users, such as a barbed wire fence alongside the path. If you report this to us we may be able to have the danger removed.
The majority of obstructions are immediately apparent. A landowner may have erected a fence across a right of way or a path may have become overgrown by encroaching vegetation. However, a number of situations are less obvious and whilst a route may be obstructed, members of the public are sometimes unsure of there legal position.
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 Council 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 Councilcan 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 we 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.
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 tell us.
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.
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 us.
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 us or the police.