Public footpath over our land & letter from the council

Off the topic I know but OH and I have just had our yearly discussion about our household insurance cost, which is quite a bit more than a standard off the peg, but we also have a public footpath on our land, although it us up the drive, a situation like this makes me realise how important it is to have public liability insurance for your land. After many years of trouble and stress our adjoinjng neighbour has fenced off the footpath through his field, with a single electric strand along the top and warning signs. He has now been visited by council who tell him he is responsible for keeping the path clear and must strim it.
There is no easy answer, but in your position OP I would want more details of the incident in order to take the right preventative measure.
 
ester said:
But you would erect a fence that cost £8k for 300 feet Cecile?!

I doubt it would cost that much, it is possible to just hire in Heras fencing or just buy it cheaply on ebay, I would keep the cost down as much as possible but the effect of it high

One of my fairly near neighbours was so sick of problems on his land he erected Heras fencing and smeared the whole lot with old engine oil, what he had to endure was incredible if it had been me I would of dug a moat and put in a turret :)
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Adopter said:
Off the topic I know but OH and I have just had our yearly discussion about our household insurance cost, which is quite a bit more than a standard off the peg, but we also have a public footpath on our land, although it us up the drive, a situation like this makes me realise how important it is to have public liability insurance for your land. After many years of trouble and stress our adjoinjng neighbour has fenced off the footpath through his field, with a single electric strand along the top and warning signs. He has now been visited by council who tell him he is responsible for keeping the path clear and must strim it.
There is no easy answer, but in your position OP I would want more details of the incident in order to take the right preventative measure.
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Central Government pay the Council to maintain and keep any ROW clear, of course they want him to him to strim it as then they don't have to do it, obviously he should keep it clear and not cas an obstruction but strim it, ask them to buy him the strimmer/fuel and that he only charges £20 an hour to save them a job lol
 
Cecile said:
...this could cause an issue as she has been informed that a horse has caused injury
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But has she? There has been a delay of a month (why report it now, not at the time?) and no specifics mentioned in the letter. Did the incident actually occur in OP's field, what was the nature of the injury and what were the circumstances?
And why has it taken so long to come to light?

TGM has the right approach.
 
ester said:
The specific fencing that you linked to did cost that much, that is a quote from the farmer in the farmers weekly (and elsewhere)... I didn't just pluck the figures out of the air.

http://www.fwi.co.uk/news/video-farmer-who-built-300ft-steel-fence-has-no-regrets.htm
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No I wasn't accusing you of plucking figures out of the air, I would just explore every possibility and would happily hire in Heras fencing which I know I could get FOC or pester some builder for me to take away any old builders hoarding, just for the short term until it was resolved but I would keep them well away until I knew what that letter was all about and who was the unknown complainer, for all the OP knows it could be a middle aged woman who is well known in the area or someone who just doesn't like horses and who is out for a spot of trouble making
 
Beausmate said:
But has she? There has been a delay of a month (why report it now, not at the time?) and no specifics mentioned in the letter. Did the incident actually occur in OP's field, what was the nature of the injury and what were the circumstances?
And why has it taken so long to come to light?

TGM has the right approach.
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You would have hoped had someone been mauled/lost an arm they might have told her when it happened ;). Even a finger I'd have expected a knock on the door.
 
Beausmate said:
But has she? There has been a delay of a month (why report it now, not at the time?) and no specifics mentioned in the letter. Did the incident actually occur in OP's field, what was the nature of the injury and what were the circumstances?
And why has it taken so long to come to light?

TGM has the right approach.
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You are of course right, it may not even be the correct FP where this happened or even the OP's horse but someone has sent the OP a letter stating something that she is and was not aware of,
he/she has decided it did happen without even calling in to discuss it with the OP, it has somehow become official without so much as a chat

The OP obviously wasn't there when this event supposedly took place but neither was the person in the council, so as I say he/she has decided to be judge and jury
 
ester said:
You would have hoped had someone been mauled/lost an arm they might have told her when it happened ;). Even a finger I'd have expected a knock on the door.
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I would say someone has been earbashing with the word "compensation" being bandied around. That's why you need specifics and evidence - anyone can make up a story with £££ signs in mind, as someone said above the council have elected themselves judge and jury. Demand to know exactly what happened and how come it has never happened in the past. The council represent you as much as the so-called "injured party".
Does that sound as though I don't believe them????
 
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ester said:
You would have hoped had someone been mauled/lost an arm they might have told her when it happened ;). Even a finger I'd have expected a knock on the door.
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I was once kicked by a pony who I had no business being near on a FP and I was feeding it but I was very young, my parents gave me a real rollicking and I had to go and rightly so apologise to the owner, nowadays people like reporting things to the council, no-one wants to talk to each other and sort it out between themselves in a civilised manner
 
We have a footpath that runs through one of the fields we rent. I hate it at times, particularly when we have stock in there and people let their dogs run off the lead in spite of the signs requesting that dogs are on leads. I have shouted at a few people over the years and caught someone taking a wee the other week.

I am fortunate that most of my ponies have either been born or run on the forest so tend to ignore people and dogs. Mine don't get hand fed treats either so wouldn't approach others for food.

As a commoner we have to remove stock from the open forest if they show any aggressive tendencies. In your case it has taken rather a long time for correspondence to reach you. I would request full details of the incident before you can take any action.
 
Cecile said:
Central Government pay the Council to maintain and keep any ROW clear, of course they want him to him to strim it as then they don't have to do it, obviously he should keep it clear and not cas an obstruction but strim it, ask them to buy him the strimmer/fuel and that he only charges £20 an hour to save them a job lol
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It is the landowner's job to keep the footpath clear and passable, although I think requiring him to strim it is going a bit far! The council's role is to ensure that the landowner keep the path accessible, not to maintain it themselves.

OP, I would just put iup an electric fence with appropriate signage if there is any genuine evidence of someone having been injured.
 
We have a public footpath running through one of our big fields, right bang up he middle. There were a few comments about one horse chasing a dog, so a path is made up the middle with electric fencing (I think it has to be 10foot wide) and the field is essentially split into 2 now with this gap in the middle for the walkers. We put lots of electric fence signs up. It seems to work well, does mean we lose a 10foot strip up the middle of a large field, but it's about keeping everyone happy I suppose.
 
Pearlsasinger said:
It is the landowner's job to keep the footpath clear and passable, although I think requiring him to strim it is going a bit far! The council's role is to ensure that the landowner keep the path accessible, not to maintain it themselves.

You are totally correct ^^^ a landowner is not responsible for strimming a PRoW but if they can get a landowner to agree to do it that's perfect, it is County Council's job to arrange strimming and maintaining the surface of the path for which they are paid by Central Government. The landowner should keep any vegetation from encroaching the path from his/her fence line, not dig up the path or reinstate it quickly if they do plough it and various other normal regular things to keep things running smoothly but strimming or using the lawnmower on the path is not the landowners job, someone has already has been paid to do that job, unless the landowner likes strimming as a hobby of course :)


I had to delete your bit about electric fencing Pearlsasinger as H&H keep telling me I am doing something wrong but I am not sure what............
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Footpaths are a nightmare - if possible fence it off. I have lived with the problem for forty years. Best scenario ever was a local **** horseowner who walked her 2 year old colt, on a headcollar along a footpath through a field containing a mare and foal. She was oblivious to my criticism - she just said she wanted her horse to be able to say hallo to mine. I would like to say 'Words failed me' but that would be a lie!!
 
Clodagh said:
As long as you put regular signs up sayng 'electric fence' you are covered.
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I am not sure why everything I read seems to happen in Somerset, this release I just assume they plugged their electric fences into the National grid as in all the years I have used electric fencing I have never killed anyone or burnt a dog. Put warning signs up every foot, buy signs in bulk, can't work out why people want to touch it anyway


https://www.cla.org.uk/your-area/south-west/regional-news/electric-fences-and-rights-way
 
Cecile said:
I am not sure why everything I read seems to happen in Somerset, this release I just assume they plugged their electric fences into the National grid as in all the years I have used electric fencing I have never killed anyone or burnt a dog. Put warning signs up every foot, buy signs in bulk, can't work out why people want to touch it anyway


https://www.cla.org.uk/your-area/south-west/regional-news/electric-fences-and-rights-way
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Lol, I have a footpath that I have fenced off with stock fencing and a top line of electric (with appropriately spaced warning signs and hand rails on the steep bit. It is 2m wide. I have had numerous complaints, the latest being that I need to put a non-live wire on the path side of the fence posts to stop people falling into it and electrocuting themselves. It's run off a 12v battery.
I am in Somerset!
 
I do understand why people with ROW on their land worry about damage and dogs etc but as a rider with few bridlepaths to use it does seem a little depressing that landowners are so against having rights of way on their land.
I know this thread is about a footpath but the principle is the same.
 
Thank you everyone for ploughing through my original essay and replying!

- I asked for more details of the incident as soon as the letter arrived. No reply as yet.

- Thank you for reminding me of my BHA Gold membership. Might get some use out of the legal advice line, certainly once I hear back from the council.

- Fencing the line of the path is ... plan b, let's say. The path goes in front of two gateways, to an access lane and another paddock, so we'd have a pair of double gateways. That said, we'll do it if necessary. Putting a live electric fence up would be straightforward since we can connect it to the electric rope we have protecting the top rail of our P&R fencing. Equally, if we have to put P&R in, ultimately, netting to keep dogs out would be a bonus.

- Cameras would be tricky, but it's one of our long-term plans to put coverage in the paddocks, if/when we ever have any spare money ever again. The idea was to help keep an eye on the horses, but monitoring people on the path would be a bonus.

- As I mentioned, I am a keen walker and appreciate good well-marked RoWs and bridleways, and I was -am- quite happy to do my bit as a good owner for the little stretch that goes across our land. I think that's what irritates me about the letter, which is utterly non-specific about the alleged incident, very forceful about the council's right to take action to abate a public nuisance, and completely unhelpful as to practical steps. (rant over :) )
 
Sandstone1 said:
I do understand why people with ROW on their land worry about damage and dogs etc but as a rider with few bridlepaths to use it does seem a little depressing that landowners are so against having rights of way on their land.
I know this thread is about a footpath but the principle is the same.
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I don't mind having a footpath, I bought the land knowing it was there. I do really mind the public users of that footpath leaving litter and dog mess, allowing their dogs to enter my fields, get in the water troughs, taking down my fencing and so on. If you had a footpath running through your back garden you would want people to respect that it ultimately belongs to you. People just don't stick with that principle when on a path and I am fed up of going to enjoy my horses and receiving verbal abuse from interfering busy-bodies who quite frankly need to go and get a life. I can completely see why having a public right of way de-values land
 
Sandstone1 said:
I do understand why people with ROW on their land worry about damage and dogs etc but as a rider with few bridlepaths to use it does seem a little depressing that landowners are so against having rights of way on their land.
I know this thread is about a footpath but the principle is the same.
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Having previously owned a property with a RoW running down the driveway into Forestry Commission land behind, I would never ever have another.

Often I couldn't get in and out of the yard because walkers used the driveway as a car park, upwards of 20 cars some weekends.

The wife of a well know TV gardener used to go in my field to wash her muddy retrievers in the water trough.

We once had a rave in the forest, accessed by my drive. The police did nothing, because it was a RoW, despite drug addled ravers wandering about in my fields.

I had a complaint about my dogs (the soppiest articles you could meet, who were safely enclosed in the yard and couldn't get onto the drive) allegedly "attacking" someone on the RoW. I think they might have barked.

I had numerous riders complain that I turned horses out in my fields (how very dare I) and that they trotted over when they rode down the drive, and upset their horses.

I had some woman cutting blossom off my trees along the drive, and when I asked what she was doing she said "oh it's for the church!".

And from a security point of view, it was a nightmare, despite alarms and cameras, because my neighbours were so used to random people coming and going, nobody noticed when I actually got burgled.

It makes me very respectful of RoWs over other people's land.
 
You can apply to have a footpath moved so it runs round the edge of a field you can they fence it off permanently.
This was done at friends property where the foot path ran unreasonibly close to the house .
 
TheMule said:
Lol, I have a footpath that I have fenced off with stock fencing and a top line of electric (with appropriately spaced warning signs and hand rails on the steep bit. It is 2m wide. I have had numerous complaints, the latest being that I need to put a non-live wire on the path side of the fence posts to stop people falling into it and electrocuting themselves. It's run off a 12v battery.
I am in Somerset!
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Lol quick get out of Somerset you are doomed :)
 
Rowreach said:
Having previously owned a property with a RoW running down the driveway into Forestry Commission land behind, I would never ever have another.

Often I couldn't get in and out of the yard because walkers used the driveway as a car park, upwards of 20 cars some weekends.

The wife of a well know TV gardener used to go in my field to wash her muddy retrievers in the water trough.

We once had a rave in the forest, accessed by my drive. The police did nothing, because it was a RoW, despite drug addled ravers wandering about in my fields.

I had a complaint about my dogs (the soppiest articles you could meet, who were safely enclosed in the yard and couldn't get onto the drive) allegedly "attacking" someone on the RoW. I think they might have barked.

I had numerous riders complain that I turned horses out in my fields (how very dare I) and that they trotted over when they rode down the drive, and upset their horses.

I had some woman cutting blossom off my trees along the drive, and when I asked what she was doing she said "oh it's for the church!".

And from a security point of view, it was a nightmare, despite alarms and cameras, because my neighbours were so used to random people coming and going, nobody noticed when I actually got burgled.

It makes me very respectful of RoWs over other people's land.
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Since I have met people/owners who describe exactly what you say above I have become the perfect walker and so respectful over any PRoW. I don't understand how or why so many seem to disrespect others property it makes the whole issue a total nightmare for some landowners. I have listened to the same as you write above and much worse, it just shouldn't be happening
 
Goldenstar said:
You can apply to have a footpath moved so it runs round the edge of a field you can they fence it off permanently.
This was done at friends property where the foot path ran unreasonibly close to the house .
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You can, and my footpath was diverted to run in a more logical place (before I owned the land) but the public weren't happy with that and it caused a huge amount of agro. Plus the cost of fencing it in is huge- it has to be stock fence to stop dogs running on your land and you can't electrify it without an extra load of agro.
 
Sandstone1 said:
I do understand why people with ROW on their land worry about damage and dogs etc but as a rider with few bridlepaths to use it does seem a little depressing that landowners are so against having rights of way on their land.
I know this thread is about a footpath but the principle is the same.
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I guess people know about these ROW when they buy a property so its sort of their choice. But wow Im so glad we dont have stuff like this up in Scotland! Id find it very bizarre to have to maintain a piece of my own land for strangers to walk about on as they wished letting their dogs off or doing whatever they wanted near my horses. We have a right to roam (even on horseback) and it works extremely well. Maybe people down south might abuse that given you have far more people, but up here nobody goes on anyones land generally even though they have every right to. Most horse owners I know would always ask the landowner first if they could ride round stubble fields for example - we all know not to go in with livestock etc. its just common sense. I have never had anyone go in my field even though technically they can, its just not the done thing - I think most walkers would avoid going in with any livestock and that includes horses, its just a natural respect. Most people would prefer to go walking in forestry anyway. Its a shame they cant have this law down south as IMO it works so well up here.
 
Goldenstar said:
You can apply to have a footpath moved so it runs round the edge of a field you can they fence it off permanently.
This was done at friends property where the foot path ran unreasonibly close to the house .
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The OP's path already runs along the boundary, but there are two access gates in it, as she has explained above, so she would have to have two lots of double gates if/when she fences it.
 
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