Footpath advice

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Ownerof2

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I've just purchased some land with 2 public footpaths either side, we have fenced this off so our land runs up between them, we do not use these footpaths at all as there's no need but the council have rang to say people are complaining that the footpaths are muddy and we are expected to put terrain down with gravel on top, which we've said no as there's a natural spring which is causing this problem in one area, where do we stand? Do we have to comply?
Thank you for reading!
 
Ownerof2 said:
I've just purchased some land with 2 public footpaths either side, we have fenced this off so our land runs up between them, we do not use these footpaths at all as there's no need but the council have rang to say people are complaining that the footpaths are muddy and we are expected to put terrain down with gravel on top, which we've said no as there's a natural spring which is causing this problem in one area, where do we stand? Do we have to comply?
Thank you for reading!
Click to expand...


We had a footpath which ran up our drive, across the front lawn and over a stile into the neighbour's field, which was previously a beautiful green sward grazed by calves, until it was sold to an AI with 5 horses and clearly not one ounce of knowledge of land management! To be fair, it was rarely used and once the horses came on it became almost impassable due to the bog-like nature it assumed (owner didn't bother to keep the ditches cleaned out) but the only complaint was that we put a light aluminium pole across the style to keep the horses from reaching out and eating the shrubs in the garden, since by that time the grass had become 90% reeds. Walkers only had to lift the pole, step over stile and replace the pole but apparently that offended someone. I'm very surprised your council can be bothered about a bit of mud. I've used footpaths where the mud (usually near farmyards) was almost to the top of my wellies, or there was a stream running down the path. It is part and parcel of being in the countryside.
 
I'm in Portishead so North Somerset council but they were quite nasty about it and i can't believe people would be so petty about abit of mud, we've fenced exactly how the council asked even tho we've lost about an acre around the outside, the footpaths are 7meters wide all the way round, which to me is plenty to by pass some mud...lol, we knew we'd have some trouble as the dog walkers have had the run of the field for several years before we bought and fenced it but this really is pathetic, they've cut the fencing because deer use the field to run into the woods, silly things like that a deer would clear our fencing no problem, were installing cctv but have no help from the council!
 
Someone may well correct me, but I think if you were to re-surface (which I know you don't want to) then you would have to get planning permission, which the council may well turn down if it interferes with the flow of water from the spring!

As far as I am aware as long as the footpath is passable, not overgrown with weeds so you can't see the mud then you should be OK. I have one running across my field that gets really muddy in the winter (under a foot and half of water this winter!) and the ramblers association said that I was fine fencing it off as long as it was still clear to walk along. I used electric fencing as I rent so can't use permanent fencing, they were OK with this too as long as I make sure the warning signs are in place.

btw 7 m wide is more than enough, the only restriction I'm aware of is that they have to be at least a metre and a half wide, so I think the council have been taking the mick anyway.

Perhaps you could run this past the BHS legal helpline if you are a member?
 
I'm not a member of bhs but will look into signing up, the footpath is completely clear and very wide we're keeping it maintained and the muds clearly visible, but it's not even that bad as I went to look yesterday, it's really bad on the councils behalf as the dog walkers allow their dogs to poo in our hay field whilst in full view of us and they won't do anything about that! It's so stressful!
 
How about sewing it with grass seed and let nature take its course, they can't accuse you of not trying !
 
It is the county councils responsibility to main the surface of a public right of way. If the council wish to drain and resurface it then it is down to them. Your only obligation is not to obstruct the route as defined on the definitive map and keep the hedgerow cleared back.
 
It's the council's responsibility to maintain the surface of the footpath. It's generally accepted that footpaths maybe muddy particularly in rural areas.
Speak to the County Council's Rights Of Way officer for advice and if that isn't helpful contact the BHS for legal advice?

The general public never cease to amaze me - walking in the countryside and complaining about mud FFS.
 
I don't know where you stand legally, but surprised you have to do work at your expense.
There are plenty of foot paths around here, some get very muddy, not helped by their location to drainage ditches and cows grazing.
Nothing gets some, but then I suppose people have to.complain officially, not just moan and it depends how proactive your counsel is.
 
OWLIE185 said:
It is the county councils responsibility to main the surface of a public right of way. If the council wish to drain and resurface it then it is down to them. Your only obligation is not to obstruct the route as defined on the definitive map and keep the hedgerow cleared back.
Click to expand...

Well this is what I understand too. If you put down a hard surface that is an engineering work and you may need planning permission. 7 metres is more than generous! You have to keep the footpath clear of growth from the sides, but the CC is responsible for the path surface.
 
If you put another surface down you will become liable if someone trips or falls because of it, we recently had the ROWO out as someone had complained about tractors crossing the footpath, they had made he'll of a mess too. The officer said it is the countryside and people should expect mud. I would invite the officer out and show them the spring.
 
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