Do you have the Right of Way?
Summer is here, and as the ground
dries out, walkers, cyclists and horse riders are enjoying various rights of
way through the countryside. Though most
follow the Countryside Code and use designated paths and bridleways,
unfortunately there are always a few who do not.
The Countryside Code was updated a couple of years ago with
the latest version published in April 2021 and there are some key changes
included:
A reminder not to feed livestock, horses or wild animals
The importance of staying on marked footpaths or bridleways
even if they are muddy, to protect crops and wildlife
Where someone enters another’s land unlawfully by veering of
the right of way, they are trespassing so users need to be aware of their
surroundings when using footpaths and bridleways. Take notice of signs, carry a map or use an
OS map app to make sure that you do not stray off the correct route.
Where possible landowners should put clear signs on gates or
posts to guide users onto the correct route.
The use of fencing to separate the right of access from the rest of the
land can remove any ambiguity but may not always be practical or possible.
Landowners should politely inform any trespasser that they
have strayed from the public right of way and guide them back onto it. If a user ignores the request or is
persistent found off the public right of way then a landowner could take action
for damages.
Landowners do have a duty of care to those using their land
in accordance with the Occupiers Liability Act and this applies whether or not
the user is on a public right of way or not.
Users should remember that farmland is a place of business
with many hazards and so sticking to the designated rights of way is essential
PardoesSolicitors