EXPLORE LEICESTERSHIRE'S COUNTRYSIDE
Farmers and Landowners Responsibilities

Keeping the Rights of Way free from encroachment and obstruction

If a fallen tree, large branch or other obstruction prevents use of a route, it is the landowners responsibility to have it removed. Equally, the landowner is responsible for ensuring that a hedge does not overhang a public rights of way so as to obstruct it.

Landowners must keep from using any form of fencing (electric, barbed, plain, rope) across a rights of way without adequate means of crossing, or fencing alongside the path that is deemed to be a nuisance and a danger to the public wishing to use the right of way.

Gaps in boundary lines and hedges should be wide enough to allow legitimate users through
Ensure stiles and gates in their ownership are kept in a good state of repair
When vehicular access is required across a bridge, or if the watercourse/drainage ditch has been altered by the landowner, the landowner is responsible for the maintenance

Diary bulls over 10 months old are not allowed to range freely in any field through which a right of way passes, bulls of other breeds should be accompanied by cows/heifers.
Recognised diary breeds include Ayrshire, Jersey, Dairy Shorthorn, Kerry, British Friesian, British Holstein and Guernsey.
Also, an offence may be committed if an animal deters use of a route or injures a member of the public whilst using a public right of way.

It is an offence to discharge a firearm or firework within 50 feet of the centre of a byway or other vehicular route consisting of a carriageway if it injures, interrupts or endangers any user of the right of way.
Under the Firearms Act it is an offence to carry a loaded (even unloaded with a detatched pellets magazine) in a public place, unless the person has lawful authority or reasonable excuse, such as landowner or tenant shooting vermin on his own land. In a public place a gun should always be carried in a proper case or cover and ensure the magazine, detached or otherwise, is empty.
Even with lawful authority, shooting across a right of way could be seen as a nuisance or intimidation under common law, if done primarily to deter people from using the right of way rather than exercising a legitimate shooting event.

Keeping a dangerous or intimidating dog on or close to a public right of way could be considered to be a deterant

The use of intimidating or threatening behaviour to deter the public from using a right of way is unlawful

For further information on any of these points please contact the Rights of Way Team