Mare & foal on bridleway - a little update

[MyBoyChe]

Ive just had a chat with the local RoW officer. He was actually very helpful and said that ultimately it is the responsibility of the landowner to make sure that these rights of way are safe. Now as I said, I don't know if the woman I met was the landowner or a livery but as she clearly said to me "well if you're going to ride through them it's your risk" she's on a bit of a sticky wicket. The problem is deeming what is an acceptable risk and what isn't according to the nice man at the council. He wasn't particularly horsey but I explained my concerns re a strange loose horse running up to one under saddle and the potential risk of kicking and me ending up in the middle of it and he could see the point I was trying to make. He has asked me to keep in touch if it happens again or if I meet any further resistance and if necessary they can and will speak to the landowner to take action to keep routes as hazard free as required. He also said that the landowner cant just divert the route because it suits them but as a short term measure offering a safer route that all parties are happy with is sensible, again though, that route should be made obvious to anyone passing through without confrontation or having to ask. If I hadn't seen the lady to speak to I wouldn't have had any option than to turn round and retrace my steps. I appreciate the difficulties on both sides (my family are farmers and I know inconsiderate walkers/riders can be a huge problem) but with a bit of give and take!!

 

[OrangePepper]

The horse owner is completely incorrect she is completely responsible for the damage her horse/foal causes. This is a public right of way and may not be obstructed by anything. Anything that prevents you fre use of the riht f way is deemed an obstruction under rights of way legislation.

She is on a very sticky wicket and I hope that she has third party public liability cover as every horse owner is responsible for the actions of their horses, whether or not it is their fault or not.

Under rights of way law the mare and foal could be deemed an obstruction and the local authority can use the Enviomental Act as ammended to take action against the owner.

Keep a writen log including times and dates of everything that has happened so that if you encounter any more problems you can produce it.

 

[Bestdogdash]

Hi - am watching this thread with interest. I am little confused because there are so many footpaths/bridle ways that go through field with livestock including cows with calves at foot. There have been quite a few cases of cows trampling walkers and yet landowner has been prosecuted for this ?

 

[TandD]

The horse owner is completely incorrect she is completely responsible for the damage her horse/foal causes. This is a public right of way and may not be obstructed by anything. Anything that prevents you fre use of the riht f way is deemed an obstruction under rights of way legislation.

this is more for any field with an animal in it..... could a path around the edge of the field be created, with good fencing etc but not be seen as 'causing obstruction' to the origional plan of the path that would run directly over the field??? (is this clear? or just very confusing???)

 

[MyBoyChe]

TandD, in my situation this would work well, both are triangle shaped fields and could easily have pathways created around the edges and be fenced off for everyones safety. It is a tricky issue though, how do you know something is a risk until something happens! I only have one route that involves cows during the summer months and the landowner is happy for anyone on a horse to divert onto a footpath that goes around the edge of his next door field to avoid them if they wish. I suppose if anyone has an issue with a right of way in their area they need to speak to their local council to see if a compromise can be made or if the landowner can be approached to discuss. As I said before there does need to be give and take on both sides.