Public Rights Of Way: What Are My Land Owner Responsibilities

JCP Solicitors provides expert legal advice and guidance on all aspects of rural law to agricultural businesses, farming families, landowners, employers, and private clients. Rhys Evans, Director and Head of Rural at JCP Solicitors, explains the responsibilities held by land owners when it comes to public rights of way.

In Wales (as in England), public rights of way form part of the public highway network and are principally governed by the Highways Act 1980. Landowners and occupiers share responsibility with the local highway authority to ensure that routes remain open and usable; however, the division of responsibility is defined in law rather than simply shared in general terms. The highway authority is primarily responsible for the surface and for asserting and protecting the public’s rights, while landowners must avoid obstruction and manage the land through which the route passes.

Keeping Routes Clear

Landowners must not obstruct a public right of way. This includes the erection of fences, walls, locked gates, barbed wire, or other structures across the route. Obstruction of a highway is a criminal offence, and the highway authority has powers to require removal or to carry out works and recover its costs.

Care must also be taken in relation to cultivation. While cross-field footpaths and bridleways may in certain circumstances be cultivated, they must be reinstated within the statutory period and to a clearly identifiable line. Footpaths or bridleways running along field edges must not be ploughed.

Signage should not deter lawful use of a public right of way. Notices suggesting that land is private, or otherwise discouraging use where a legal right exists, may amount to unlawful interference.

Managing Vegetation

Landowners are responsible for ensuring that vegetation does not encroach onto a public right of way from the sides or above, including overhanging branches or hedges. The highway authority has statutory powers to require such vegetation to be cut back where it obstructs passage.

Livestock

There are statutory restrictions on grazing livestock in fields crossed by public rights of way. Under section 59 of the Wildlife and Countryside Act 1981, it is an offence to keep a bull in a field crossed by a public right of way unless it is under 10 months old, or is not a recognised dairy breed and is kept with cows or heifers. Dairy bulls are therefore effectively prohibited. In addition to statutory restrictions, landowners should be mindful of liability risk where livestock poses a danger to members of the public.

Gates and Stiles

Where gates or stiles are lawfully present, the landowner is responsible for maintaining them in a safe and usable condition so that they do not interfere with public use. Under the Highways Act 1980, the local authority is required to contribute at least 25% of the reasonable cost of maintenance or replacement, provided the works are properly authorised and carried out to an acceptable standard.

For landowners, compliance with public rights of way obligations is both a statutory requirement and a practical risk management issue. Breach can result not only in enforcement action but also potential civil liability where injury or loss arises.

If you have questions about a public right of way that crosses your land, or perhaps you see members of the public using your land where there is not a public right of way, JCP Solicitors can help. Speak to our friendly, expert team by calling Director and Head of Rural Rhys Evans on 02920 379568 or email rhys.evans@jcpsolicitors.co.uk.