Footpaths which run through fields and the law

[Kezza]

does nayone know the law on footpaths which run through your horses fields please? Or where I can find out more? We have a footpath running through out field and the owners of the land have told us that stiles are to be replaced by gates due to disabled access so we now have an unlocked gate which goes straight out onto the road which I think is not only dangerous as a horse can fit through and I can see a walker potentially leaving it open or ajar but also asking for trouble in terms of horse theft. I want to get my facts straight before confronting the owners of the land. thanks

 

[little_critter]

Don't know the law - but if you're forced to put gates in could you use ones with a spring on so that even if the users don't close it properly it will pull itself shut?

 

[Chico Mio]

Is there anyway the footpath can be routed round the side of the field with a clearly marked electric fence (or even a permanent one if the land owners are willing)? That way the horses could be kept off the path and the risk of them getting out will be greatly reduced.

 

[millitiger]

they can't force you to put gates in- they can ask to put gates in but you can refuse.

when we had land at home, every year they would come around and ask if they could install gates or put up easier stiles etc and every year i would tell them politely to get stuffed!

 

[MurphysMinder]

I have a footpath running across the field I rent for grazing, stiles both ends. The farmer who owns the field wouldn't even consider putting in the lift up "dogflaps" when asked, and the council access people said there was nothing they could do about it. At the risk of being un pc surely if you are not able to climb a stile you can't really yomp cross fields either

Ets. Sorry, read your post again and seen the owner is happy for the gates to be put in

All I can suggest is you stress the dangers of a gate being left open and ask for either gates with a spring or kissing gates.

 

[WandaMare]

the landowner only has to replace stiles with what is there already ie stiles, but the councils have a policy to open up the countryside for disabled access. Therefore they are very keen to get landowners to replace their stiles with gates and will be persuasive and may lead the landowner to incorrectly believe they have no choice. I agree it is very dangerous to replace stiles with gates where there is livestock or horses grazing but when i raised this with the council i was told that 'dangers on the roads' were dealt with by a different dept and therefore it wasn't their issue!!! Apparently you need to contact the Highways dept.

I have replaced my stiles with new ones at my own cost rather than have gates which open onto an A road.

if you need more information you could call the Council and ask for Footpaths and Open Spaces.

The legalities of footpaths are recorded in a book called the Blue Book. I ordered a copy from the internet. Hope this helps.

 

[Chico Mio]

As I read it, I think the landowners have already agreed to the gates, now it's just how to keep the horses safe.

Do you pay for your grazing? Are there any other fields you could rent nearby? Maybe if the land owner thinks he is going to lose his rent he might decide to refuse the gate request.

Murphys Minder - the thought did cross my mind too.... Perhaps it's also a pushchair/bicycles thing - that will be fun in a field full of horses!

 

[snaffle]

you only need stiles to allow acces where there is livestock grazing. all councils now have to consider disabled, since the disabled discrimination act about 1995 i think. if you are on urban edge or semi rural you will probalby be affected. if very rural, probably not as unlikely disabled would get out in middle of nowhere - and of course it depends on how the law defines 'disabled'.

 

[snaffle]

you might find some info here http://www.fieldfare.org.uk/
about disabled access.

shame councils aren't opening bridleways as well as disabled access.

 

[Kezza]

[ QUOTE ]
you only need stiles to allow acces where there is livestock grazing. all councils now have to consider disabled, since the disabled discrimination act about 1995 i think. if you are on urban edge or semi rural you will probalby be affected. if very rural, probably not as unlikely disabled would get out in middle of nowhere - and of course it depends on how the law defines 'disabled'.

[/ QUOTE ]

exactly, our horses are livestock and they are in the field! Stile removed and now replcaed with a gate with no spring on it at all so my horses could get onto the road quite easily! No way of re-routing the footpath at all. I cannot believe it is legal to have an unlocked field for public access stright onto a road! Nightmare

 

[tasteofchristmaschaos]

Where I used to be there was a footpath through the field, and ramblers regually left the gate open. Luckily the gate only opened onto a large field so they never usually got very far, but in the past they had got onto A roads when ramblers let them out. I would put electric fencing up to section off the footpath, keeps the horses from getting out and the public from getting in! Just make sure you put plenty of warning signs up.

 

[BBH]

I have a footpath running through my land and as far as I am aware having kissing gates is preferred rather than a legal requirement. I am not going to be taking out my stiles and put in gates.

Nor will I be providing all terrain wheelchairs for the disabled to cross my ploughed pot holed fields

This political correctness is getting silly, people have to accept their limitations. I might like to be a brain surgeon but I'm not intelligent enough, I don't look for ways of accomplishing this cos it ain't gonna happen. I accept that I can't do it just as the disabled imo should accept it is not practical or safe to cross ploughed fields etc and should accept walks in designated well equipped country parks.

 

[bounce]

I have kissing gates in my field as I have footpaths that run through the middle of my field in two directions and is impossible to fence off. I would dread the council telling me that I have to put gates in as my horse is an escape artist.

If it were me then I would write to the council explaining how dangerous it is to have gates in a livestock field which are in danger of being left open and ask them to confirm that they are happy to accept the risk of an accident occurring when your horses are let out onto a road as you will not be held liable. I'm pretty sure any council will soon back track at the thought of being held accountable. (Not sure legally how you would stand though.)

 

[Natch]

I'm shocked by all this! What a stupid PC policy, with far reaching implications.

WRT the original problem, personally I would look to move, and if that wasn't possible I would seek landowners permission to place big sign on gates: Livestock in field, please SHUT THE GATE, and elec fence off my horse from the gates: even if it meant they could only use 1/2 the field at a time.

Stupid bloomin government. Where I live we have wonderful off road hacking, but more and more of it is being consumed by wheelchair and walker friendly hard surfaces. This wouldn't be too much of a problem if they weren't stony and uneven too. I fully appreciate that there are more walkers than horse riders, and wheelchair users should have access to the forest too, but it can't have been that hard for them to leave a decent grass verge at all/most tracks

I have been told off twice by walkers on one of the few bridlepaths because "you're ruining the track for us". Politely pointing out that its one of the few designated ways for horses and NOT walkers falls on deaf ears

I don't mind walkers on the bridleways, but don't tell me off for riding a horse on them!

 

[Natch]

[ QUOTE ]
If it were me then I would write to the council explaining how dangerous it is to have gates in a livestock field which are in danger of being left open and ask them to confirm that they are happy to accept the risk of an accident occurring when your horses are let out onto a road as you will not be held liable. I'm pretty sure any council will soon back track at the thought of being held accountable. (Not sure legally how you would stand though.)

[/ QUOTE ]

Maybe we all need to write to our local MPs expressing our concerns.

 

[Daffodil]

Luckily the footpath which runs through my field starts on my livery yard and finishes in another field, thank God, where we have a kissing gate. I'd love to see my YO's face if he was told he had to replace this with a gate (actually I wouldn't, too terrifying!

) I really think I'd have to move if I had your situation. I don't think I could cope with the risk of the gate being left open. However, we have electric fenced off the footpath to keep people, dogs and bikes away from the horses, which so far has not caused a problem, so far as I am aware.
Agree with you LHS !! Where is all this PC absurdity going to end.

 

[WandaMare]

I have felt bullied by the council over this issue at times. I have written to them explaining my concerns for roadsafety etc but have got nowhere. I live next to a major A road and it was actually the police who pointed out to me I didn't legally need to have the gates.

To reroute a footpath can take several years and apparently cost thousands of pounds which i can't afford. My property was granted Equestrian Use over 20 years ago before my ownership but apparently this doesn't have any relevance to the footpaths legislation.

I have also been told by the Footpaths Enforcement Officer that 'common sense does not apply here, they are only following the legislation'.

I am not against increasing access to disabled people, i just think it should be in appropriate places and take into account other issues such as road safety. Especially because if a horse does escape onto the road it is my responsibility, not the councils.

 

[criso]

Just reminded me - where I was before my current livery yard there was a footpath running through the field with kissing gates at each end.
Frankie decided bless him that right in front of the kissing gates was the perfect patch for his toilet area.
Always said that horse had a sense of humour.

On a more serious note if you have horses that make a bid for freedom when the gate is opened, I can't see most walkers having the experience to stop a determined horse barging past.

 

[Kezza]

I had no idea what a kissing gate was and now that I have seen one that is what I will suggest we get to the land owner. Having spoken to the council this is also their recommendation. If the horses did escape onto the road and cause an accident then the land owner is liable ...

 

[Keltic]

QR They wanted to do this at our yard and the farmer would not allow it, we have stiles and thats what he has said we are keeping. I would not be happy can you not put a spring on the gate? then at least you know it will shut?

 

[horseriderdeb]

I have kissing gates at one end and in the middle of the footpath that runs along the edge of my field with a stile at the other end. There excuse for replacing the two stile was disabled acces but you can't get a wheelchair through the gates anyway. I certainly would not be happy with a normal gate onto a road. Will they not swap it for a kissing gate?

 

[Clodagh]

We have an arable farm and at vast expense (to them) the council put a wheelchair accessible bridge with handrails over a small walk through ditch. Great but how was the wheelchair user supposed to get half a mile off road to go over said bridge?

 

[gnubee]

Aside from the obvious dangers to the horses and road users from this scheme, is it not also encouraging the disabled people to put themselves in a very dangerous situation? Its bad enough as a full strength stood up person when a horse barges out of a gate past you, so I would hate to experience that as a person with muscle/stamina issues, on crutches, or heaven forbid in a wheelchair!
There is a similar issue that wheelchair users rolling accross an uneven field with curious livestock is also likely to get them knocked over/injured (again with strict liabilty on the horse owners). If I had a right of way in my field I would want to make access to it as difficult as possible to keep the chances of anyone being injured by my animals (and at my liability) to an absolute minimum.
If the council are being really gung-ho about getting the disabled access to livestock fields, I would try consulting with some local disabled groups, as I doubt many of them are seriously campaining to put those they support at such risk, and they would be quite angry with the council looking to put people at risk for the sake of "appearing" to promote diversity, rather than spending some money to give the disabled safe and useable access routes in appropriate areas.

 

[Kat]

[ QUOTE ]

Stupid bloomin government. Where I live we have wonderful off road hacking, but more and more of it is being consumed by wheelchair and walker friendly hard surfaces. This wouldn't be too much of a problem if they weren't stony and uneven too. I fully appreciate that there are more walkers than horse riders, and wheelchair users should have access to the forest too, but it can't have been that hard for them to leave a decent grass verge at all/most tracks

I have been told off twice by walkers on one of the few bridlepaths because "you're ruining the track for us". Politely pointing out that its one of the few designated ways for horses and NOT walkers falls on deaf ears

I don't mind walkers on the bridleways, but don't tell me off for riding a horse on them!

[/ QUOTE ]

As a walker and rider, I'd like to point out that I hate those awful stoney paths. They feel horrible to walk on and I can't imagine who actually wants them installed, as they can't be much fun for mountain bikers either.

Personally if I am making the effort to get out for a country hike I don't want to be walking on paved paths, I could do that in the city.

I have no problem with stiles and agree that disabled access needs to be viewed in context and with regard to reasonableness. On paved trails then wheelchair/bike/horse friendly gates should be installed, but on unsurfaced tracks it should be less necessary.

If the field itself isn't suitable for a wheelchair there should be no need for the access to it to be accessible. However we aren't just talking about wheelchair users, people with knee and hip injuries may be capable of walking over rough ground but not climbing a traditional stile.

I'd suggest a squeeze stile or kissing gate would improve access, but not be a risk for the horses escaping. They wouldn't be wheelchair accessible but would help those of limited mobility.

Some ladder stile or traditional stiles can be very difficult even for the able bodied if they are steep.

Completely agree that the council should have regard to the risk of straying animals. I have encountered loose cattle on the main A road where i live twice this month now, an accident waiting to happen!

 

[OWLIE185]

Under the disability act all local authorities are now obliged to replace all stiles on Public Footpaths with gates.

The best gates where there is livestock in the field are those which automatically close.

Unfortunately there is no way you can stop them replacing stiles with gates.

If any one wants further information on the gates please E-mail me on: info@bhs-herts.org.uk

 

[Tallante]

As I understand it, the land owner is responsible for the fencing and the safety of the animals on his land.

If your horse gets out he will be liable for all damages to you and to any 3rd party. I would hope that fact alone would make him reconsider a permanently open gate.

If it doesn't persuade him then be prepared to move. It's not worth the risk.

Edited to say

have just read previous post. try this article for references.


countrside access law