Countryside Code

[Earl]

Does anyone know the rules of the countryside code, regarding rights of way and dog walking?

I got a bollocking yesterday for walking my dog off the lead in a countryside field, just where are you allowed to let your dog run free?

The feild was signposted as a public footpath, but the land owner claimed authority over what you did on it. He doesn't upkeep the pathway, and allows horses to roam freely in it. If it's public access surely he should make arrangements for people to be able to use it without fear of horses stampeding or kicking out at people? Even when the dog is on the lead, I've had horses charge at us and try to trample us!

If he's not keeping his side of the agreement I don't see why I should keep mine.

[SFB]

There are rules, have you tried google?

He sounds a bit iffy to me, probably just another overblown tosser throwing his weight around.

[Earl]

Well, that was my opinion really. The land owner's a wanker, he keeps a bull terrier himself, amongst other aggressive breeds, and he lets that roam free, and it has attacked other dogs including mine. It got a right good fucking kick when it did that!

I believe there's a bit of controversy surounding walkers rights, you're entitled to cross farmers land, but the farmers make it as difficult as possible for you to do so. This particular stretch is even signposted as a public pathway, but he's dug a stream passing across it, with no real crossing point and fills the feild with horses.
Now, I know they're not lions or anything, but they're right bad tempered fuckers (probably mistreated), and they don't take very kindly to visitors in their feild. I don't fancy getting kicked by a horse, and I've heard they will try and eat you if you stumble and fall.
























































OK, I made that last bit up

[SFB]

We've been in this area for 11 years and have been asked not to cross one field, but only once. The silly old fart has 3 trees in it that produce hardly any fruit and the footpath going round it was ploughed up years ago, so his field is the only way through to the camino.

We cross lots of fields and nobody else has ever complained. The fact that there are no houses around may be the main reason for that, but anyway, we respect the countryside and keep to the edges, so nobody should have a problem.

Have a word locally to see where you stand with your rights ref public footpaths?

[A_B]

.....and I've heard they will try and eat you if you stumble and fall.

I haven't got a clue - but I always felt like I was trespassing in England if I used a public footpath through a field because of all the barbed wire. We've never had a problem here, but it's the same as SFB - there's no houses near by and the fields tend not to have farmers around for long periods of the year (vineyards mostly). The fields aren't fenced or anything - but have the occasional 'bush' when leading down to water. We leave Yellow off the lead when we pass through them (it's impossible not to -they're all over the place) - but make sure he stays near the edge. I've never met a farmer while passing through though - so we could be breaking the law without knowing (but what the eyes don't see... ).

[sixaparrat]

. 1.What is a right of way?
A right of way is a path that anyone has the legal right to use on foot, and sometimes using other modes of transport.

Public footpaths are open only to walkers
Public bridleways are open to walkers, horse-riders and pedal cyclists
Restricted byways are open to all non-motorised users: walkers, horse-riders, cyclists and horse-drawn vehicles.
Byways Open to All Traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads.
Legally, a public right of way is part of the Queen's highway and subject to the same protection in law as all other highways, including trunk roads.

2. What are my rights on a public right of way?
Your legal right is to "pass and repass along the way". You may stop to rest or admire the view, or to consume refreshments, providing you stay on the path and do not cause an obstruction.

You can also take with you a "natural accompaniment" which includes a pram, pushchair or wheelchair (though you may find the surface of the path is not always suitable), or a dog. However, you should ensure that dogs are under close control. Note that there is no requirement for stiles to be suitable for use by dogs.

3. How do I know whether a path is a public right of way or not?
The safest evidence is the official 'definitive map' of public rights of way. These maps are available for public inspection at the offices of local highway authorities (see Q7). Some are also available in libraries and some are sold by the councils concerned. In addition, public rights of way information derived from them, as amended by subsequent orders (see Q24), is shown by the Ordnance Survey on its Explorer,and Pathfinder maps (see Maps).

Some rights of way are not yet shown on definitive maps. These can quite properly be used, and application may be made to highway authorities for them to be added to the map. The inner London boroughs are not required to produce definitive maps, though this does not mean there are no rights of way in inner London.

4. Are all footpaths rights of way?
No. There are many paths that the public is able to use but that are not legally rights of way and do not enjoy the same protection.

Paths crossing public parks and open spaces, commons and other sites to which the public has formal or de facto access may not necessarily be rights of way, though some of them are.

Other paths, known as permissive routes, are open to the public because the owner has given permission for them to be used: often there is a notice on the path making clear the owner has no intention of dedicating the path as a right of way, and reserving the right to withdraw the permission. These paths are sometimes closed for one day a year, with a view to preventing claims that they are rights of way.

Towpaths, paths across land owned by organisations such as the Forestry Commission and National Trust who have a policy of providing access, and off-road multi-user routes such as those created as part of the Sustrans National Cycle Network, are available for public use but may not be rights of way.

The Countryside and Rights of Way Act 2000 will, when it is fully implemented, provide a new form of legal protection for public access to open countryside and common land in addition to the existing provisions for rights of way. More about Freedom to Roam.

5. How does a path become public?
In legal theory most paths become rights of way because the owner "dedicates" them to public use. In fact very few paths have been formally dedicated, but the law assumes that if the public uses a path without interference for some period of time - set by statute at 20 years - then the owner had intended to dedicate it as a right of way.

A public path that has been unused for 20 years does not cease to be public (except in Scotland). The legal maxim is "once a highway, always a highway".

Paths can also be created by agreement between local authorities and owners or by compulsory order, subject, in the case of objection, to confirmation by the Secretary of State for the Environment, Food and Rural Affairs, or the National Assembly for Wales.

6. Who owns the paths?
The surface of the path is for most purposes considered to belong to the highway authority (see Q7). What this means is that the authority owns the surface of the way and so much of the soil below and the air above as is necessary for the control, protection and maintenance of the highway. The rest normally belongs to the owner of the surrounding land.

7. Which councils are responsible for paths?
The council that has principle responsibility for rights of way in a particular area, known as the Highway Authority, is either

the County Council
the Unitary Authority, or
the London or Metropolitan Borough Council
These councils are also surveying authorities, which have the duty to prepare and maintain the definitive map (except in inner London; see also Q3).

The Highway Authorities may sometimes assign some of their responsibilities to other authorities. District councils may, by agreement, take over path maintenance and other duties from county councils. Parish and community councils also have the power to maintain paths (see the RA leaflet Paths for People under Footpath Law and Access). In National Parks, the National Park Authority sometimes takes over some or all of the responsibilities for rights of way.

As well as preparing and maintaining the definitive maps, highway authorities have a general duty "to assert and protect the rights of the public to the use and enjoyment" of paths in their area. They are legally responsible for maintaining the surface of the path, including bridges, and keeping it free of overgrowth. They have the power to require owners to cut back overhanging growth from the side of a path.

Highway authorities
National park authorities
8. How wide should a path be?
The path should be whatever width was dedicated for public use. This width may have arisen through usage, or by formal agreement, or by order, for example if the path has been diverted. The width may be recorded in the statement accompanying the definitive map (see Q3) but in many cases the proper width will be a matter of past practice on that particular path (see also Q18 and Q20). Note the width of the right of way itself may be greater, or sometimes less, than the width of any track or hard-surfaced strip along the route.

9. Are horses allowed on public paths?
Horse riders have a right to use bridleways and byways. They have no right to use footpaths and if they do so they are committing a trespass against the owner of the land, unless the use is by permission (see Q26). If use of a footpath by riders becomes a nuisance the local authority (see Q7) can ban them with a traffic regulation order. This makes such use a criminal offence rather than an act of trespass.

10. Are pedal cyclists allowed on public paths?
Pedal cyclists have a right to use bridleways and byways, but on bridleways they must give way to walkers and riders. Like horse riders, they have no right to use footpaths and if they do so they are committing a trespass against the owner of the land, unless use is by permission (see Q26). As with horse-riding (see Q9), use of any right of way by cyclists can be controlled by traffic regulation orders and byelaws imposed by local authorities. Infringement of byelaws or orders is a criminal offence. Under the Highways Act 1835, it is an offence to ride a bicycle on the pavement at the side of a road, and under the Fixed Penalty Offences Order 1999 a person who rides on a pavement can be fined on the spot by a police officer.

11. Is it illegal to drive cars or motorcycles on public paths?
Anyone who drives a motor vehicle on a footpath or bridleway without permission is committing an offence. This does not apply if the driver stays within 15 yards of the road, only goes on the path to park and does not obstruct the right of passage. The owner of the land, however, can still order vehicles off even within 15 yards from the road. Races or speed trials on paths are forbidden. Permission for other types of trials on paths may be sought from the local authority, if the landowner consents.

12. What is a 'road used as a public path' (RUPP)?
RUPPs were an obscure class of right of way introduced by the National Parks and Access to the Countryside Act of 1949. Unfortunately that Act failed to make it clear whether or not there was a right to drive a motor vehicle on RUPPs, so they were slowly being reclassified as other rights of way (see Q1). Following new legislation, on 2 May 2006 all remaining RUPPs in England were automatically reclassified as "restricted byways" open to all non-motorised users including walkers, cyclists, horse-riders and horse-drawn vehicles. All remaining RUPPs in Wales were similarly reclassifed on 11 May 2006. Although RUPPs are now obsolete, you may still see references to them on older maps and signs.

[SFB]

Nice one Six, I'm sure that solved all of M's problems and answered all of his his questions, although it poses more questions than it answers!

About as clear as mud on a foggy day IMO.

[Earl]

It is very helpful, cheers Six.

Now I know the council should be providing a bridge, and the land owner should keep his fucking horse off the path!

The only real grey area is regarding the control of the dog. It could be safe to assume that means he should be on a lead, but I did only take him off the lead when I was confident I had his full attention.

I may write to my council, there are other more unrecognised but well used pathways which this landowner has now deliberately blocked. He's just being an awkard bastard methinks.

[sixaparrat]

IIRC he only has to make sure that he doesn't physically block the path, so that an average able bodied person can't pass (Prams etc aren't included in that definition.) therefore fences , gates, stiles are allowed, but brambles & jungle isn't.

There is no restriction upon livestock, after all that is what most fields (unploughed) are for

[Earl]

Hes blocked it with loads of tree branches. And a horse.