Your Questions Answered
 
   
Responsibilities in more detail ...(1)


What you can do on rights of way?
Be considerate: As you exercise your right to travel from place to place along a public right of way you are welcome to enjoy the countryside, but you must not damage it or the wildlife it supports. You may stop and rest and take refreshment, provided that you stay on the path and do not cause an obstruction or damage the highway. Remember that the countryside is a place where people live and work and that you should respect their rights by not deliberately disturbing them or their property. Also remember to take your litter home with you and to close gates behind you, especially when there is livestock in the fields.

Can I take a dog?
You may take your dog with you, provided that it is kept on a lead or is otherwise effectively controlled and remains on the path and does not "worry" livestock. It is illegal to have a dog off a lead or not under close control in a field in which there are sheep. If a dog injures a person, animal or property, the owner or person in charge of the dog may be liable for damages. Should your dog foul a path, clean up after it, using dog bins where provided.

A landowner may also shoot a dog that is apparently out of control and "worrying" livestock.

Other accompaniments: Push chairs are permissible, but the condition of the way might not be appropriate for such use.

What can't I do?
Unauthorised Driving or Riding: You should not drive a motor vehicle on a footpath or bridleway, or ride a horse or cycle on a footpath, unless you have the express permission of the landowner. You should not drive off a right of way onto private or common land without the landowner’s permission. It is not true that you may park anywhere within 15 yards of a road for action might be taken against you for trespass. Reckless or dangerous driving on any right of way, having regard to the nature, condition and use of it, is also an offence.

What if I Trespass?
If people knowingly or unknowingly stray off a public right of way onto other land against the owner’s wishes and without the legal right to do so, they are trespassing. The landowner can ask them to leave or have them removed.

What can a landowner do on rights of way?
Property Rights: A right of way allows the public to pass over private land only along a fixed route, and the owner can also use this land for activities such as work or recreation. A typical example is when a footpath follows a private access road which is also used by a farmer for farm vehicles and by his children and their friends (with permission) for horse-riding.

What about ploughing?
Under the Highways Act 1980 as amended by the Rights of Way Act 1990, the landowner or occupier (such as a tenant farmer) has a right to "plough or otherwise disturb the surface" of a crossfield footpath or bridleway, providing that it is not reasonably convenient to avoid disturbing the surface of the path. It is an offence to plough or disturb the surface of a "headland" (ie field edge) footpath or bridleway, or any restricted byway or byway.

After disturbing the surface of a footpath or bridleway, the farmer must make good the surface so that it is reasonably convenient to use, and ensure that the line is apparent on the ground. This must be done within 14 days of the first disturbance for that crop or 24 hours of any subsequent disturbance, unless a longer period has first been agreed, in writing, by the highway authority.

Crops, other than grass, must not be allowed to grow on or overhang a right of way at any time, so as to obstruct or otherwise inconvenience the public or prevent the line of the right of way from being apparent on the ground.

For certain purposes the 1990 Act sets out "minimum widths" for public rights of way which apply if there is no width recorded, for example, in the Definitive Statement (written description of route). When ploughing or cultivating crops, the landowner or occupier must ensure that the minimum width is reinstated, remains clear of crops and is apparent on the ground. The minimum width for a footpath is 1m across the field or 1.5m on the field edge; for a bridleway it is 2m across the field or 3m on the field edge; for restricted byways and byways it is 3m across the field or 5m on the field edge. These widths only apply to the law on ploughing and cropping and do not affect other aspects of the law on rights of way.

The highway authority can prosecute a landowner or occupier for failing to comply with the law. It can also carry out the work it thinks is necessary (sometimes to a wider "maximum" width) and recover its costs from them. Further advice is given in "The Rights of Way Act 1990", a booklet published jointly by the Countryside Commission and MAFF, and available free from them and Norfolk County Council.