Path Problems and Enforcement
By using the path properly and within your rights you are much
less likely to come across problems than if you abuse them.
Follow the country code.
Apart from the above there are two ways in particular by which
you can help to promote harmony in the countryside:
- Do not park your car where it can obstruct access to
fields,
- If you are in a party, walk or ride single file and do not
trespass by spreading out beyond the confines of the path.
Nevertheless, you may still encounter a problem whilst on
a Public Right of Way. If you do come across a problem you can
report it using the above contact information.
The Council has a duty to ensure paths are kept free of
obstructions at all times and so sometimes has to take action
against landowners or occupiers.
A new enforcement procedure for keeping rights of way open
has been jointly adopted by the Merseyside Councils. Click on the
link below to view or download a copy of the procedure.
Below is a quick guide to the Council's approach to dealing
with various commonly occurring matters associated with public
rights of way:
Access for people with
disabilities
A simple stile can often prove to be a major obstacle for many
people. The Countryside and Rights of Way Act 2000 requires
highway authorities to have regard for the needs of people with
mobility problems.
With respect to new and diverted rights of way the Council will
operate on a minimum barrier perspective.
Gaps are preferred to stiles, unless farm animals need to be
kept out, in which case a wicket gate or kissing gate will be
considered.
Requests for the replacement of stiles by stock-proof kissing
gates on existing footpaths will be considered favourably, although
the Council cannot guarantee to be able to do so in all
cases.
Return to top.
Barbed wire across a public right of
way
A barbed wire fence or exposed barbed wire, erected across a
public right of way without an adequate means of crossing, is an
offence. It is an obstruction to the right of way and a nuisance
and a danger to members of the public wishing to use the right of
way.
How we deal with the problem
The Council will ask the owner of the fence to remove it
immediately or, if it is necessary for agriculture, to provide an
adequate means of crossing it on the line of the path. The latter
will require authorisation by the Council, as it would
constitute a new stile.
If the owner fails to agree to either of these courses of
action, the Council will serve legal notice requiring the
owner to remove the source of danger within a specified
time. If the owner fails to remove the wire the
Council may remove the barbed wire where it affects the path,
without further notice, recharging all costs to the owner and will
consider prosecution for obstruction.
If the owner continues to commit further offences of this
nature, the Council will prosecute for obstruction.
Highways Act 1980 section 137 and 149.
Barbed wire alongside a public right
of way
Where a barbed wire fence is situated alongside a public right
of way it may be a danger and a nuisance to members of the
public.
How we deal with the problem
If in the opinion of the Council the barbed wire does
represent a danger to the public, then the Council will ask
the owner to make the fence safe for members of the public using
the path. If the owner refuses or fails to do so the Council
will serve legal notice requiring the owner to remove the source of
danger within a specified time.
Highways Act 1980 section
164.
Return to top.
Bridges and culverts
Responsibility for the provision, repair and maintenance of
bridges and culverts is shared between the landowner and the
Council and may be different in each case. The Council is
responsible for most footbridges, but where a public footpath or
bridleway crosses a bridge, over which there are private vehicular
rights, then maintenance of the bridge to vehicular standard is
likely to be the responsibility of the landowner.
The rail authority is responsible for the structure of most
footbridges over railway lines, whilst British Waterways is
responsible for the structure of some bridges over the canal
network in Sefton. The Council remains responsible for the
surfaces of the paths over these bridges.
Transport Act 1968
The Council will normally agree with a landowner, to contribute
a share of the costs of maintaining and repairing a private
vehicular bridge which carries a public footpath or bridleway. If
such a bridge is washed away, or has to be demolished for reasons
of safety, then the Council may agree with the landowner to replace
it with a footbridge or bridle bridge, as appropriate if vehicular
use is no longer required. The Council would be wholly responsible
for the new structure.
Return to top.
Bulls and dangerous animals
It is an offence for the occupier of land crossed by a public
right of way to allow a bull over 10 months old and on its own
and/or any bull of a recognised dairy breed (even if accompanied by
cows/heifers) to be at large on the land.
Bulls which are less than 10 months old, or of a recognised beef
breed and at large with cows/heifers are exceptions to this
rule.
If any animal, which is known to be dangerous by the keeper of
the animal, causes injury to a member of the public using a public
right of way, an offence may be committed and the occupier could be
sued by the injured party.
Wildlife and Countryside Act 1981
section 59.
How we deal with the problem
The Council will approach the landowner and request that he move
the bull(s) or other animals.
Return to top.
Competitions and speed trials
It is an offence to hold a motor vehicle race on a public
highway without authority. This applies to footpaths and
bridleways, as well as carriageways.
Road Traffic Act 1988 section 31
Crops growing on public rights of
way
Where a crop (other than grass) has been planted or sown on land
crossed by a public right of way, the occupier has a duty to ensure
that the line of the public right of way on the ground is indicated
to not less than the minimum width (1m for footpaths and 2m for
bridleways). Additionally, the occupier has a duty to prevent the
crop from encroaching within that width throughout the growing
season. Failure to fulfill this duty is a criminal
offence.
Rights of Way Act 1990 section
137A.
Return to top.
Dogs on public rights of way
Dogs are allowed on public rights of way, but they must be kept
under close control at all times. There is no requirement in law
for a dog to be on a lead. A path user who allows a dog to wander
off the right of way becomes a trespasser and owners and occupiers
have a right to ask them to leave the land. If a dog is likely to
wander off the line of the path, or to worry livestock, the owners
are advised to keep the dog on a lead.
The fouling of a path by a dog is an offence under a bylaw
and is in any case a hazard to health.
The Council attaches signs to stiles, gates and fingerposts
advising path users that not clearing up after dog fouling is an
offence and that they can be fined up to a maximum of £1000.
Dangerous land adjoining a public
right of way
From time to time the Council encounters unfenced dangers on
adjoining land, which present hazards to path users. The Council
has a duty to protect path users from such dangers.
How we deal with the
problem
The Council will in the first instance talk to the owner of the
adjacent land and urge him to remove or adequately fence the
danger. The Council can require the owner of the dangerous land to
carry out the necessary works by service of notice. If the owner
does not comply with the notice, the Council may carry out the work
and recover the costs from the owner.
Highways Act 1980
section165.
Return to top.
Electric Fences across a public right
of way
An electric fence erected across a public right of way without a
safe means of crossing is an offence. It is an obstruction to the
right of way and a nuisance and a danger to members of the public
wishing to use the right of way.
How we deal with the
problem
The Council will ask the owner of the electric fence to remove
it immediately or, if it is necessary for agriculture, to provide
an adequate means of crossing it on the line of the path. The
latter will require authorisation by the Council, as it would
constitute a new stile.
If the owner fails to agree to either of these courses of
action, the Council will serve legal notice requiring the
owner to remove the source of danger within a specified
time. If the owner fails to remove the fence the
Council may remove it where it affects the path, without
further notice recharging all costs to the owner and will consider
prosecution for obstruction.
If the owner continues to commit
further offences of this nature, the Council
will prosecute for obstruction.
Highways Act 1980 section 137,
137Z, and 149.
Electric Fences alongside a public
right of way
Where an electric fence runs alongside a public path it may be a
danger and a nuisance to members of the public.
How we deal with the
problem
If, in the opinion of the Council, the fence is a danger or
nuisance, then the Council will ask the owner to make the fence
safe for members of the public using the path. If the owner refuses
or fails to do so, the Council will serve legal notice requiring
the owner to remove the source of danger within a specified time.
Failure to comply with the notice will result in the Council
removing the fence and recovering costs from the owner.
Highways Act 1980 section 165.
Return to top.
Encroachment
An encroachment is an unlawful obstruction of the highway. When
an encroachment has occurred, or alleged to have occurred,
the Council is duty bound to investigate.
How we deal with the problem
Consideration will be given to whether the encroachment has
actually occurred and is materially affecting the way, or may do so
in the future. This may require considerable research, including
historical research to establish the legitimate width of the
highway.
If it is demonstrated to the Council's satisfaction that
encroachment has occurred, but it is not materially affecting the
path or the rights of users, the Council may regard it as de
minimis. In these circumstances the Council will inform the person
responsible that their actions are unlawful and any additional
encroachment will result in enforcement action to remove all the
encroachment.
If the encroachment has been found to the Council's satisfaction
to be materially affecting the right of way and the rights of
users, the following approach will be taken to have it removed.
Firstly the circumstances will be brought to the attention of the
person responsible and they will be asked to remove the
encroachment, within a reasonable time-scale to be determined by
the Council. If they fail to do so, the Council will begin
enforcement action in respect of the obstruction.
Return to top.
Firearms on public rights of way
It is not an offence to shoot across a public right of way,
although to do so may amount to a common law nuisance or
intimidation, depending on the circumstances. It is, however, an
offence to discharge a firearm within 50 feet of the centre of a
byway (or other route carrying public vehicular rights) if it
injures, interrupts or endangers any user of the route.
Highways Act 1980 section
161
It is also an offence to have a loaded air-weapon - or any other
firearm whether loaded or not - together with ammunition in a
public place, including any public right of way, unless the person
has lawful authority or a reasonable excuse, such as a landowner or
tenant shooting vermin on his own land.
Firearms Act 1968 section
19
How we deal with the problem
The Council will, where it is concerned for the safety of the
public using the right of way, refer the matter to the
police.
Return to top.
Hedges and trees adjacent to public rights of way
In most circumstances, the responsibilities of the Council
do not extend to the maintenance of hedges and trees at the side of
public rights of way. The landowner is responsible for ensuring
that a hedge does not overhang a public right of way so as to
obstruct it.
How we deal with the problem
The Council has a right to remove so much of the overgrowth to
prevent obstruction to pedestrians and equestrians. Additionally,
the council has a power to require that the owners of overhanging
hedges lop or cut back the hedge within a period of 14
days.
Highways Act 1980 section
154.
If a byway open to all traffic is being damaged by the exclusion
of light and air, due to adjacent hedges or trees, the Council has
a power to seek an order at a magistrates court, to require the
owner to cut back sufficient to prevent such damage. However,
before using this power, the Council will discuss the matter with
adjacent landowners and request that the hedges or trees be cut
back, or agree to carry out the work in conjunction with the owner
as part of a larger project.
Highways Act section 136
Return to top.
Intimidating Dogs
It is an offence to keep a dangerous or intimidating dog on a
public right of way. It may also be considered a 'public
nuisance'.
How we deal with the problem
The landowner will be requested to take action so that the dog
no longer deters members of the public from using the right of way.
The Council may also inform the police and will advise complainants
to notify the police directly.
Intimidation or threatening behaviour intended to deter use of
a public right of way
The use of intimidating behaviour with the intention of
deterring the use of a public right of way is possibly an offence
and may amount to obstruction of the path.
How we deal with the problem
In the first place, the Council will seek to address any
underlying issues which have lead to the situation arising. The
Council may then issue a warning to the offender and involve the
police as appropriate.
Public Order Act 1986 section 4
Return to top.
Liability of landowners to path users
Owners and occupiers of land crossed by public rights of way
can be liable for injuries caused to path users by their
negligence. For example, if a stile were to collapse under a
walker, or if a path user were to be injured by an electric fence
placed across a path, then the injured party may pursue a claim
against the occupier of the land.
Occupiers Liability Act
1957
Liability of the Council to path users
As Highway Authority the Council is responsible for the
surface of public rights of way. In certain circumstances,
the Council will be liable for injury caused to persons using
a public right of way, if the injury is due to a negligent act with
regard to the surface of the path.
Return to top.
Litter and fly-tipping
Responsibility for the clearance of litter on a public right
of way rests with the Council. If there is sufficient litter
to amount to an obstruction, then the Council has a duty
to act.
Environmental Protection Act 1990
sections 86 and 89
Misleading Signs and Notices on public rights of way
Misleading and unlawful signs can deter people from lawfully
exercising their right to use paths, and the Council has a duty to
prevent such occurrences. Signs erected on a public right of way
can be removed by the Council.
Signs erected affecting a public right of way but on adjacent
land can be dealt with on application to the magistrates court. The
magistrates may impose a fine, or order the offender to remove the
sign on pain of a continuing fine for each day it
remains.
Highways Act 1980 section
132.
National Parks and Access to the
Countryside Act 1949 section 57.
Return to top.
Obstructions and encroachments which can be readily
removed
The Council has a duty at statute law to remove all
obstructions and encroachments to public rights of way.
The Highways Act 1980 section 130.
The Council also has a common law right to remove anything that
it believes constitutes an obstruction, danger or encroachment
without consultation with any other party.
How we deal with the problem
Sefton Council deals with obstructions firstly by
consultation and dialogue, requesting the offender to remove the
obstruction. Depending on circumstances, offenders are normally
given 14 days to comply. This informal notice will be
confirmed in writing. If after that period the offender has failed
to comply, formal legal notice is served requiring the offender to
remove the obstruction within a specified time. Upon expiry of that
time the Council may remove the obstruction and recover costs from
the offender without further notice.
The Council would consider
prosecution for obstruction for any subsequent offence, as well as
taking the direct action outlined above.
The Highways Act 1980 section 143
Obstructions and encroachments which are more permanent
It sometimes happens that a permanent structure is erected on
a public right of way and an unofficial diversion put in place by
the landowner or occupier. The Council has a duty at statute
law to remove all obstructions and encroachments to public rights
of way.
The Highways Act 1980 section 130.
How we deal with the problem
Sefton Council deals with obstructions firstly by
consultation and dialogue with the landowner/occupier, who may
be given the opportunity to apply for a diversion of the path. If,
after a certain period of time the obstruction is still in place
and no application is forthcoming, enforcement proceedings
will be commenced against the offender in the Magistrates Court.
The Magistrates can make an Order requiring the offender to remove
the obstruction within a specified time period and impose an
ongoing fine if the offender fails to remove the obstruction.
The Highways Act 1980 section 137 and 137Z.
Return to top.
Pesticides and herbicides
The use of a pesticide or herbicide on a public right of way
may endanger users of the route. The Health and Safety
Executive advises that rights of way should not be oversprayed and
that warning notices may be required to advise the public of the
potential hazard, where such chemicals are used in the vicinity of
a public right of way.
Health and Safety at Work Act 1974 section 3
Highways Act 1980 section 161
Ploughing of public rights of way
In some circumstances occupiers of land are entitled to plough
public rights of way, if it is not reasonably convenient to avoid
them. This only applies to cross-field footpaths and bridleways.
Field edge (or "headland") footpaths and bridleways should never be
ploughed. 'Roads used as Public Paths' (RUPPs), and byways should
never be ploughed, whatever their location - field edge or cross
field.
Where a cross-field footpath or bridleway is ploughed, it must
be reinstated within the "statutory time limit" otherwise a
criminal offence is committed. Reinstatement means indicating it on
the ground and making the surface reasonably convenient for public
use, to not less than the statutory minimum width. In respect of
footpaths the minimum width is 1m, and 2m for bridleways. The
"statutory time limit" is 14 days for the first disturbance of the
cropping cycle and 24 hours for any further disturbance such as
harrowing and drilling.
Rights of Way Act 1990 section
134.
Enforcement of ploughing and cropping protocol
Interference of public rights of way
by ploughing and cropping is a major problem, and the Council deals
with it in the following way.
If the parties responsible have not been contacted about a
rights of way offence within the last 3 years, the Council will
explain the law to the offender and a letter will be sent out
giving a time limit of 14 days to re-instate the path. Upon
expiry of that period, if the path has not been reinstated to a
satisfactory standard the Council will serve formal legal notice
upon the offender, requiring him to re-instate the path. If the
path is still not reinstated satisfactorily, the Council will carry
out the necessary work with contractors and recover costs from the
offender.
On occasions where an occupier has responded to the
first request, but repeats the offence in subsequent years,
the Council may immediately serve formal legal notice
requiring the reinstatement of the path.
On occasions where an occupier continually re-offends, the
Council will again serve legal notice and additionally will
consider prosecuting the offender. All recipients of enforcement
notices in any one year are sent letters setting out the law and
reminding them of their obligations before the next cropping season
commences.
Problem Weeds
Under the Wildlife and Countryside Act 1981 it is an offence
"to plant or otherwise encourage" the growth of Japanese Knotweed.
This could include cutting the plant or roots and disturbing
surrounding soil if not correctly managed.
Whose responsibility is it to control knotweed?
The responsibility for the control
of knotweed usually rests with the landowner or tenant of the land.
The Environment Agency, or local government are not obliged to
control knotweed on behalf of other landowners. Similarly, disputes
between neighbours regarding problems associated with knotweed are
largely a civil matter.
Rope across a public right of way
It is an offence to stretch a rope or similar object across a
public right of way. In some circumstances, a temporary rope or
wire to restrain farm animals may be authorised across a public
footpath (but no other class of right of way), provided that it is
readily visible and can be easily and safely removed and replaced
by path users.
How we deal with the problem
The Council will request that any unauthorised rope be
permanently removed. If this is not done, the rope will be removed
by the Council and prosecution will be considered.
Highways Act 1980 section
162
Surfaces of public rights of way
The Council, as the highway authority, is responsible
for the surface of all public rights of way, the landowners
interest only extends to the sub soil. It is an offence to
interfere with the surface of a public right of way to the
detriment of users and the Council has a duty to protect the
interests of users and the public right of way.
The Council will take
enforcement action to ensure the surface of public rights of way
unlawfully disturbed are reinstated.
Occupiers of land can disturb the surface of a right of way by
special licence if they first apply to the County Council to do so
and by statutory licence in respect of ploughing.
Trees and branches fallen across public rights of way
If a tree or large branch falls across a public right of way,
then it causes an obstruction whose removal falls to the owner of
the tree.
How we deal with the problem
The Council will contact the owner of the tree and
request that the branch is removed within a predetermined time. If
the owner fails to comply with this request, the Council will serve
notice on the owner of its intention to remove the branch and
recover from the person the costs incurred.
Highways Act 1980 section 150 (4) (c).
Undergrowth
The Council is responsible for ensuring that vegetation
growing in the surface of the public right of way is kept under
control and does not make the route difficult to use. Overgrowth ie
plants growing across the path from beside it, is the
responsibility of the landowner.
The Council undertakes, as required, one, two or three
cuts on all of those paths which appear on a database that it
maintains and updates each year.
Return to top.
Last Updated on 3/1/2009