Footpath question

[Perissa]

My yard owner bought a field next to the yard a couple of years ago. Well he is finally going to get round to fencing it but came to me with a question. There is a footpath running along the edge of the field. The thing is the footpath is smothered in 4-5ft nettles so people walking usually walk through the field. They won't be able to once he has fenced it with permanet electric fencing!

So is he responsible for keeping the footpath clear for walkers (mountain bikers use it to) or is the councils?

Anyone know?

 

[ajn1610]

You can't make a right of way inaccessible with fencing. However it isn't your responsibility to keep the path clear so as long as the electric fencing doesn't cross the path you are OK and the council have to come with a weedwacker!

 

[Perissa]

Sorry should have made it clear the fencing will not cross the footpath but run along side it. He is leaving it about 8-10ft wide.

Thanks - I shall tell him to get onto the council.

 

[Lordy100]

I would check who is responsible as if a footpath crosses farmland the farmer has to make sure that there is a 1m wide accessible strip. Mountain bikers are not allowed to use footpaths tho'

 

[PeterNatt]

All expressly created public footpaths are maintainable at the public expense unless they come under section 30 of the Highways Act 1980 or where dedicated after 1949.

The landowner will need to carry out a Health and Safety Risk Assesment as regards any electric fencing on his land. He can get advice on how to carry this out from the Health and Safety Executive.

The landowner would in any event not be advised to have electric fencing adjacent to a public footpath where a member of the public is likely to make contact with it and any electric fencing that is close to a footpath should be clearly marked every 3 metres with the recognisable yellow electric fence warning signs.

 

[Perissa]

The footpath does not cross any farmland, it runs along side a golf course for the vast majority of it, then the last 2 acre's are along the field belonging to my YO. The footpath itself is about 8-10ft wide then there is a ditch which my YO cleared with his digger last year resulting in the footpath not flooding anymore. He also pulled up masses of brambles.

Like I said this year there has been an explosion of nettles and really is impassable. He could run his topper along there but wants to know that if he does that is he making himself responsible to then keep it clear.

Don't know if its relevant but he bought the field from the council (Winchester).

In all honesty the public could not touch the fence easily as they would have to cross the ditch first. The ditch was there, my YO cleared it to put in a drain as he built a crossing from his yard into the field and to get rid of the brambles. In some places the were 10ft high!


Winchester council aren't terribly good at maintaining the local bridlepath, let alone a footpath, which starts at the entrance to my yard. My OH and I keep it clear from nettles and brambles. It floods badly and once again it is us that clears the ditches to try and keep it passible. I phoned the council about it several years ago and they didn't want to know. Shame really as it is the only bridle path in the area and means that a lot of horses do not have to go along a VERY dangerous road.

 

[YorksG]

If the footpath has diverted previously because of the weeds and the landowner is nos fencing it, so that it cannot divert then he will be expected to make it passable. If a wall had fallen onto the path, he would be expected to clear the stone, this is the same principle in my opinion.

 

[Perissa]

No the footpath has always been there. Its because it is so overgrown that people walk through the field.

 

[YorksG]

Yes that was my point. Is the path on the landowners land?

 

[Perissa]

He doesn't know if he owns the footpath or not. I told him to look on his deeds but he said it wasn't clear. He owns the land either side of it. On 'my' side it is lined all the way with stockfencing, hawthorn, bramble, various different type of trees which at least 6ft deep and impervious, then its the footpath, then the ditch which is about 3ft higher on the opposite side of the ditch to the footpath. It is on top of the ditch a foot or so in that he intends to fence.

There is a stye (sp?) and little round arrow signs directing people up the foot path but they choose to walk a bit further, walk up the bank and into the field because of the nettles.

I've suggested that he phones the council and asks.

 

[PeterNatt]

As regards the bridleway which is unusable you should write to the Access Department of the local County Council and ask them to sort it out without any further delay. When you write to them send your letter by Royal Mail Signed For Delivery so that there is no doubt that they have received it. If they do not respond to you within 14 days then write again and ask them to respond by return of post. Also get as many local riders to write in a similar manner. If you ned any help then contact your local BHS Bridleway officer who will be only to pleased to help you.

 

[KatieLovesJames]

I think if you have a footpath on your land you have to keep 3ft clear so it is passable, also thought you were not allowed to electric fence alongside a footpath.
Best to call your local council to confirm though.