Footpath through my field - calling any leagal people!

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lewey1

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Hi Guys,
We have a public footpath running through the fields at our livery yard. We have the usual problems with walkers not sticking to the path and roming over the private land, not keeping their dogs on leads etc.
But this afternoon I went to get my horse in, and there were two large groups of walkers. One about to go through the field on the footpath, and one who had just gone through, who were still in the field patting / feeding my horse. As I turned up to bring her in, she saw me and started to get a bit lively, starting to run along the fence and bucked once. The walkers in the field stayed put, 'ooohing and ahhing' at her. so she went back over to them, then did it again. It was at this point the walkers decided to eventually leave the field - they had been standing next to the stile the whole time, but chose to stay in the field with my horse with their small children?!
The other group of walkers asked me to get the horse in ( which I was about to do anyway) as they said they didn't want to walk through with her running around, and that we should provide better access.
I didn't say anything to them as I just wanted to get my horse in out the way, but I am a bit upset as one of the men was pretty obnoxious.
It's happened before that people walkinf the path stop in with the horses to pat / feed them. We've even had one family sit their small child on one of the ponies!
Where would we stand leagally, if a walker was injured by one of the horses?
Oh, and my horse wasn't 'going mad' at all. Just saw me turn up ad was 'woohoo tea time!
 
i was on a yard once that had a busy footpath that went to a fishing lake at the end of the land. YO used to put electric fencing up so there was like a pathway on the side of the field. we never had any problems. most of the yards round here have some bridle or footpath through them but YO tend to make walkways .and put signs up to shut gates
 
There should be a warning sign if there is a dangerous animal in the field, and although we all know your horse is harmless, to many in the unknown a cavorting horse can be a scary thing. Access land is just that, access, and if you have a sign up warning people of your horse's presence you are covering yourself at least.
We own a large farm with a lot of paths across it, although our livestock is not dangerous, young cows also get giddy and like to have a good nosey, which, to some people is terrifying. I would get a warning sign and then at least if your horse injures a walker you have warned them ad they chose to enter anyway.
 
You need to put warning signs telling them not to feed the horses & dangerous animals are present in the field. Furthermore as there are no prescribed boundaries then they cannot be complained to for walking off what is known as the footpath. Sadly it sounds to me like this field is unsuitable for horses with walkers feeding (I'd hit the roof if they fed my horse and as for being obnoxious try it after being nutted by a skull cap). I must admit I did laugh when you said parents put their child on a pony....I know just the one that would end this practice if you'd like to borrow her
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I would agree with the others, the best solution would be to fence off a pathway with electric tape so that walkers keep to the outside of the field. Even if the path goes across the field rather than along one edge most walkers would understand why you might move their path slightly to keep them protected. You can apply to have footpaths moved but it would be reasonably expensive I would have thought and I doubt they'd feel that you had a sufficient case.
 
Print up an A4 sign and laminate it to hang from the fences - Simply say ......For your safety and theirs, please do not approach the horses.

Don't say anything about dangerous animals as that is tanamount to admitting that if your horse bites or kicks you knew it would do so.

We also have one that says "Electric fencing is live - it is for your safety - please use gateway provided" and we have put a proper handle with spring and covered the tape in cut off garden hose so that no one can get 'bitten' by the fence....this doesn't remove the requirement for the statutory notices - the yellow and black ones.

Good Luck.

Jude.
 
Next door to me have fenced off an alternative route with electric fence tape and allow walkers to use that if they wish. It follows the hedge not the path but then it's their choice isn't it to use it?
Unless your horse is known to have injured anyone you should be safe re any trouble.
 
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I think the best thing is to fence off the footpath and put signs up to discourage feeding. I think you are also entitled to ask dogs to be kept on leads. A friend of ours has a FP going through his fields but has fenced it off from his cows. It didnt stop one stupid woman going into the field to see the calves. She then complained that one of the mothers had attacked her! She didnt get much sympathy!
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NFU or BHS helplines will be able toa dvise, but fencing off is best, wiht correct width and signage.
Ad a sing saying 'Livestock! Please keep dogs on leads and do not feed'
Our County Council ROW team are very helpful and sorted out proper footpath selfclosing metal gates, and some volunteer group who came out and fitted them..
 
We have a similar problem in one of our fields.

Legally, under the Occupiers' Liability Act 1957, the walkers have implied permission to enter. This makes them, in the eyes of a law, a visitor. Ironically, this was established through common law with a case with very similar facts/circumstances to yours, (if you want to google it, its Lowery v Walker 1911.)

As the occupier, it is therefore your responsibilty to make it safe. Basically, section 2 (2) of the act defines that you owe a COMMON DUTY of three elements:

-the standard of the 'reasonable man.' You must protect the "visitor" [walker] from any FORESEEABLE risks. Therefore, in terms of legality, the walkers are perfectly intitled to ask you to remove the horses. If you didn't comply with their request and the visitors were injured, you would have to pay some pretty serious damages!
-The visitor not the area must be made safe. (This is another reason why they have the right to ask you to remove the horses.) Areas of danger must be clearly marked too.
-Duty only applies while the walkers are "using the premises for the purpose in which they were invited." For example, if they were to stray into another field, or interfer with the horses, they would become a trespasser under the 1984 Occupiers Liability Act.

Other things you might want to consider are section 2(3): Allurements. Basically, it would be reasonably foreseeable for a young child to be attracted to the horses - as you state, one child has sat on them! This heights the duty of care of owed, (since it is greater to children,) and increases the likelihood that if you don't take precautions you could get your arse sued!

However, you could possibly argue the Defence of Prescription depending on how long the 'danger' has been exsisting for.

In summary, you have to ask yourself Section 1(4) - content of duty. IS THE LEVEL OF CARE YOU ARE PROVIDING REASONABLE IN THE CIRCUMSTANCES? That is more or less the long and short of it.... and yes, sorry to say but the ELS ensures its a bitch of a world out there!!!
 
Thanks for the replies!
I had a look on the internet but couldn't really find much to help.
Unfortunately the path is in such a position that it would be impossible to fence off. We have been very good with our fencing, supplying proper gateways for them to use, and even coloured them so they can see the way, but people do tend to wander!
I did get my horse in as soon as I realised there was a problem, and I would again if anyone asked - albeit begrudgingly!
We have asked the local officer if we can change or divert the path, but they have said no. Also, unfortunately, the walkers in the area are extreamely aware of their 'rights', and any disruption to the path would be hotly contested, even if it was for their own safety!!
Most of the signs we put up are ripped down, and even though it is obvious where the path is, we often find people all over the place! It is unbelievable to think that if someone comed into our field and decides to put their child on one of the horses, we could get sued if theres an accident!!!
I have checked into signs, and it seems that putting up anything that might disuade walkers ie caution etc would be an offence, so we are going to have to put our thinking caps on to devise a polite sign that does the trick.
PEOPLE !!!!!!!!!!! Grrr.

Thanks again guys.
 
I'd just like to sympathise. My horses were in a field with a footpath through it at my previous yard, the village used to treat the field like the village green ! all the local dog walkers used to bring their dogs to sh1t in my field (have you tried picking dog sh1t out of horses hooves...........not to mention rugs after they have rolled............!). I've arrived to find, kids feeding the horses, a bloke teaching his toddler to ride a bike in the field (!!!) one bloke used to practice his golf in the field !!!!!! frequently gates were left open, one day I was poo picking and asked this dog walker if he had shut the gate and he assured me he had............I checked it anyway and it was open !........................aaaagggggggghhhhhhhhhhhh ! Nightmare ! But I'm sure if the horses had ever had a silly moment and scared anyone it would have been all my fault !
 
we have a foor path through our field. in the past walkers would go up and stoke/ feed horses. we have now fenced it of with electric fencing and high untensil wire. the council said that we couldnt do this as we have to give people the option of walking through the whole field. to get around this simpley put a bit of hose pipe round the the electric at the start and finish. as of yet no1 has taken this option. there is also warning signs up about not feeding horses etc. as far as im concerencd they have been warned and there fault if they are injured!

simple
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The land owner or tenant has a duty of care for anyone who enters your land legally or otherwise.

Please ensure that they are insured for third party/public liability.

The owners of each of the horses should also have public liability/third party insurance up to £10,000,000. Anything less is not sufficient so make sure they check their insurance policies.

Your yard owner is perfectly entitled to apply to have the Public Footpath diverted around the edge of your field so that you can easily fence it off. You should make an official application but prior to doing so have an informal chat with the local Ramblers Association or footpath groups and gain their support. The access officers are not responsible for giving you permission although they will be consulted once the application has been made.

You should not use electric fencing along a public right of way so use post and rail fencing. Barbed wire is neither acceptable as people can injure themselves on it.
 
Remember if u fence off the footpath or redirect it in any way u need to get permission from the council as they can fine u if u don't - all it takes is one person to report u for doing it
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i also have a footpath through my field , i contacted local council access officer to look at what i had done to my field , i had put up redirection signs for walkers of not unreasonable distance to keep them out of my fields( not that they had done anything for me to want to keep them out) other than protecting myself and horse , the access officer was happy with what id done and he said i am well within my rights to do so .. im in scotland .
 
Could you not get logs and embedd them to markout the path - then it is defined and they will be straying if they do not stay on it?

I still find it madness that folk can go anywhere now, and that some how its been wrangled that its the person that owns the land that is liable!! I mean how stupid - really it is!
 
[ QUOTE ]
You need to put warning signs telling them not to feed the horses & dangerous animals are present in the field. Furthermore as there are no prescribed boundaries then they cannot be complained to for walking off what is known as the footpath. Sadly it sounds to me like this field is unsuitable for horses with walkers feeding (I'd hit the roof if they fed my horse and as for being obnoxious try it after being nutted by a skull cap). I must admit I did laugh when you said parents put their child on a pony....I know just the one that would end this practice if you'd like to borrow her
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So you're saying that the field is unsuitable, ie don't use it for horses?

If you are, that's ridiculous. We own 230 acres and have a footpath that runs through 2/3 of our fields. Walkers with dogs regularly enter the path (rarely stick anywhere near it) and there's often dairy cows in these fields during the summer months (depends which fields their grazing at the time).

I could put my horses in any of these fields over winter, when the cows are in. If fields with footpaths are unsuitable for horses, then I'd have about 180 acres I couldn't use.
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Peter Natt's suggestion to fence the path off is a great idea, if you're talking about a field that's not too large. It's not an option for us, we can't afford the tens of thousands of pounds to post and rail fence all of our footpaths. Not to mention it would then impede our own access to hedge cutting and also make more work, for which we are already stretched for time day to day, in keeping the pathways free of brambles and nettles etc which spring up in the blink of an eye.
 
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Stick a sign up........................ walkers also need to respect countryside and NOT use it as there private garden or local park, but get in contact with local council as they will give you best advise
 
I would definitely put up a sign at the very least requesting people do not feed/approach the horses. I think people assume horses are like cows and don't expect them to be inquisitive but we all know horses like to investigate anything new! I would never stray from a path across a field - we can use a field near our house to walk our dogs but i am very wary when there are ever cows withcalves in their as they are very protective. I just don't understand why other people don't have common sense! It's amazing how they all know 'their rights' but they don't seem to possess a brain with an ounce of common sense.

What kind of irresponsible adult puts their child on a strangers horse? Bet they wouldn't let them go up to a strange dog in it's garden would they!?

I feel very sorry for anyone who has a footpath through their field, it's just one more thing to worry about and why everyone needs to have liability cover (even though it's beyond me how it's the horse owners fault unless they knowingly have an aggressive horse in that field). I work for an insurance company and recently a person was injured by a horse that 'attacked' her as she went through the field. Said horse was only v young - are they really likely to attack? Anyway, said pony was subsequently put down (probably for fear a PL claim would arise and they thought best to get rid) but i thought it was soo sad and a real waste.

I just am glad there are no footpaths trough my field - my horses love people but have no idea of the stopping distance required when running straight downhill to say "hello"!!
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