Footpaths and insurance...?

[TheBayThoroughbred]

Hi all,
Was out hacking today and was riding on a footpath, I know the landowner and they don’t mind it being used as thoroughfare for horses. A man with two enormous muzzled dogs pulled them to the side of the path for me, and as I thanked him he told me off for using the footpath and said that my insurance wouldn’t cover me if I’m on a footpath (I’m assuming meaning if one of his giant dogs tried to eat me-I love dogs but those things almost outsized my horse !)

Just out of curiosity, has anyone else heard this? It might depend on the insurer, and I know you may be liable for trespass and damage to property if you’re on a footpath without permission, but I hadn’t heard any mention that you wouldn’t be covered for the usual bits on a footpath, as it’s not an offence to ride with permission.
Thanks all! Xx

 

[mariew]

I'd read your small print or talk to your insurance maybe?

 

[TheBayThoroughbred]

I'd read your small print or talk to your insurance maybe?

I was planning on it anyways, just curious if it’s a common fact that I was oblivious of! Xx

 

[rextherobber]

I believe if you actually do have personal permission from the landowner, then it's fine. The fact that it's a footpath not a bridleway becomes irrelevant. If you haven't, and are just riding on a footpath because "everyone does", it's not fine, footpaths are not for horses or bikes. In this instance, however, your insurance would not be the issue, the dog owner is legally obliged to have his animals under control, I don't think it matters where you are if you are attacked...not sure why the dog owner mentioned your insurance rather than footpaths not being bridleways. Maybe look into applying for the footpath to be changed to a bridleway?? I don't know if it's just lockdown bringing them out of the woodwork, but I've met some really odd dogwalkers lately, both out with the horses and the dogs...

 

[Widgeon]

I believe if you actually do have personal permission from the landowner, then it's fine.

This would be my understanding too. We regularly ride a permissive bridleway, which is technically only a footpath. But we have permission from the landowner to use it. I think this man is talking out of his *ahem*. If you meet him again just tell him that you have permission from the landowner to ride there, and he is welcome to check with the landowner if he is concerned. I'm guessing you'll probably find that the landowner is not happy to formally redesignate the path, but they are happy to give individual permission to riders should they reqeuest it.

Can you get the landowner to confirm via email, i.e. in writing, that they are happy for you to ride the path? If people are going to be difficult this would be peace of mind for you.

ETA I have no idea what the insurance situation would be if you ride on a footpath you don't have permission to be on. Somewhat stickier, I'd suspect, as you would be in a place you're explicitly not supposed to be.

 

[Clodagh]

The footpath belongs to the landowner. He or she has every right to say what can be done with it as long as they allow people on foot to walk on it. So the landowner top trumps the walker.

 

[Clodagh]

Besides surely if his dogs had eaten your horse it would have been his insurance that was needed?

 

[rextherobber]

This would be my understanding too. We regularly ride a permissive bridleway, which is technically only a footpath. But we have permission from the landowner to use it. I think this man is talking out of his *ahem*. If you meet him again just tell him that you have permission from the landowner to ride there, and he is welcome to check with the landowner if he is concerned. I'm guessing you'll probably find that the landowner is not happy to formally redesignate the path, but they are happy to give individual permission to riders should they reqeuest it.

Can you get the landowner to confirm via email, i.e. in writing, that they are happy for you to ride the path? If people are going to be difficult this would be peace of mind for you.

ETA I have no idea what the insurance situation would be if you ride on a footpath you don't have permission to be on. Somewhat stickier, I'd suspect, as you would be in a place you're explicitly not supposed to be.

I had the same situation at our old house, actually had an irate walker taking pictures of me, because i shouldn't be on a footpath, when I had landowners permission to be there, and it was actually a field, not like I was cutting up a narrow track or anything - feelings on this seem to run very high, don't they?!

 

[Ernest Doodles]

Just out of curiosity, has anyone else heard this? It might depend on the insurer, and I know you may be liable for trespass and damage to property if you’re on a footpath without permission, but I hadn’t heard any mention that you wouldn’t be covered for the usual bits on a footpath, as it’s not an offence to ride with permission.
Thanks all! Xx

I have a pony paddock with a footpath that runs diagonally across it. My third party insurance covers any damage or injury from horses on that footpath. I am legally entitled to ride on the footpath as it crosses my land. If I give someone else permission to ride on my land, provided they have the relevant insurance cover, they are legally entitled to ride along it too. Only concession is, myself or another rider MUST give way to the public that are crossing the footpath on foot.

As suggested above, ask for written permission from the land owner about riding on the footpath. Also, doublecheck that your 3rd party insurance covers riding accidents on private land. If it doesn't, ask for a clause to that effect to be added.

 

[chaps89]

I presume the walker was getting at the horse/rider insurance being invalidated by being on a footpath as generally speaking horses shouldn't be on them. And so if horse spooked and squished dog/walker then the worry would be that there's no cover for that.
In this instance it doesn't apply as OP has permission from the landowner but the dog walker probably doesn't know that.

From an insurance perspective, I'd be very surprised if a claim wasn't covered purely due to being on a footpath.

 

[Darbs]

He's talking rubbish, insurance very rarely has such specific detailed exclusions, and you could have innocently strayed onto a footpath, that doesn't mean you automatically become personally liable for millions of pounds of public liabaility. (In most cases you home insurance covers third party for almost everything that you do)

Plus contrary to belief you don't always have to be in compliance with the law for insurance to cover you. (Otherwise almost every motor insurance claim would be invalid due to speeding or driving without due care and attention, careless driving etc)

 

[Widgeon]

Plus contrary to belief you don't always have to be in compliance with the law for insurance to cover you. (Otherwise almost every motor insurance claim would be invalid due to speeding or driving without due care and attention, careless driving etc)

That's a good point isn't it....I'd never thought of that!

 

[SOS]

You had explicit permission to be riding the foot path... so he was talking b*llocks unless it was his land.

Why did he even mention insurance? Bizarre considering we don’t even have to be insured or have public liability to ride out (we do as we are sensible but don’t have too). And what was he worried would happen? If it’s in regard to his dogs attacking the horse then that’s his responsibility and similarly if they were to get kicked, I’d argue him and his dogs would be at fault there too if they got too close.

ETA I probably would of just smiled and said ‘good day to you too’

 

[Clodagh]

Only concession is, myself or another rider MUST give way to the public that are crossing the footpath on foot.

That is a good point, it should be the non walker who gives way.
We used to have a cross country course here and we had to have stewards on hand to stop the riders if a footpath Walker was on the bit of track (about 20m) where they joined.

 

[scruffyponies]

Your insurance arrangements are none of his business, and there is no legal requirement for you to be insured at all.
You have permission from the landowner to be there. End of.