Natural England - Duties of landowners and occupiers of land

Duties of landowners and occupiers of land

Landowners and occupiers should:

  • keep rights of way clear of any obstructions, such as padlocked gates, rubbish, barbed wire, slurry, manure, electric fences, hedgerows and chained or loose dogs, and warn users of potential dangers (eg slurry lagoons, cliffs) near rights of way;

  • cut back vegetation encroaching from the sides (but not the surface), and above, so that it does not inconvenience the public or prevent the line of the right of way being apparent on the ground (on bridleways, horse-riders should be allowed 3 metres (10 feet) of headroom);

  • keep paths clear of crops (other than hay and silage) to ensure that they do not inconvenience users;

  • ensure that stiles and gates on rights of way are maintained in good order: a minimum contribution of 25 per cent of the cost of any works may be claimed by the occupier from the highway authority (some authorities provide materials, for example stile kits, and others may carry out the work themselves);

  • provide adequate bridges where, with the permission of the highway authority, new ditches are made or existing ones widened;

  • ensure that cross-field footpaths and bridleways are cultivated (ie ploughed or disturbed) only when it is inconvenient to avoid them;

  • ensure that field-edge footpaths and bridleways and all byways open to all traffic, restricted byways and unsurfaced public roads are never cultivated;

  • where the cultivation of a cross-field footpath or bridleway cannot be conveniently avoided, ensure that its surface is made good to at least the minimum width, so that it is reasonably convenient to use, within 14 days of first being cultivated for that crop, or within 24 hours of any subsequent cultivation (unless a longer period has been agreed in advance in writing by the highway authority);

  • ensure that paths over cultivated land remain apparent on the ground, to at least the minimum width, at all times, and are not obstructed by crops;

  • ensure that bulls kept in a field crossed by a path do not exceed 10 months old or are not of a recognised dairy breed, and are accompanied by cows or heifers;

  • ensure that any warning notices are displayed only when a bull is present in a field;

  • never keep an animal known to be aggressive (including any bull of whatever breed) in a field to which the public has any access;

  • waymark rights of way (where occupiers consider it necessary and desirable);

  • ensure that no misleading signs are placed near rights of way that might discourage access: highway authorities have powers under Section 57 of the National Parks and Access to the Countryside Act 1949 to remove such signs.