Where do I stand with a dangerous bridleway?

kellybee

kellybee

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I wouldn't say its "obstructed" in any way as per the bridleways and the BHS guidelines as to what is not acceptable, but it's definitely not safe either.

Two days ago my horse got his legs tangled in barbed wire on a narrow part of the bridleway. I broke a finger and have a lot of superficial cuts to my back whilst my poor horse (who could have been hurt much worse) has been prescribed anti inflammatories and antibiotics due to the cuts and the swellings on all four of his legs.

I spoke to someone who works on the farm who said it's basically a perfectly legal "stock proof" fence and is designed to keep cows in. As you'll see from the photos, there are no cows in the fields and there haven't been (according to the locals) for years.

Any suggestions?

Pics are here;
 
How far across the path does the fallen fence extend? How did the horse end up in it? Did you come off on it? Sorry for all the questions, just trying to get it clear in my head.
 
So sorry to read of your injuries, not sure how you go about it am sure someone will be along with the right answer. I do know that our local council has a department who are responsible for the local public footpaths and bridleways, because I have had discussions with them about the public footpath that runs up our drive.
 
Report it to the right of way officer in your local council department. It is perfectly acceptable to use this to fence their fields in, hes quite right (regardless of whether livestock in in there or not, it doesnt just keep thing in, but also out), but as its grown into the ground it is now dangerous & does need sorting. Good luck & hope you & horse recover soon.
 
FestiveG said:
How far across the path does the fallen fence extend? How did the horse end up in it? Did you come off on it? Sorry for all the questions, just trying to get it clear in my head.
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In some places a few feet, others its just hanging or has loose ends sticking out.

My shetland broke loose and came charging at my sister and law and I. Both horses shied and mine caught his legs in the barbed wire as the other one barged past him (it isn't wide enough for two horses to pass), shot round a corner. My stirrup leather was ripped off ,I was unbalanced and landed on my back in the fence. He then bolted quarter of a mile and ploughed though more loose wire and a rotten post and rail fence.
 
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There are a few things that you can do : contact the local bridleways group (and join them!) Contact the PROW officer for your Local Authority, contact your local councillor, contact your local BHS rights of way officer (contact details should be on the website) Speak to the landowner about the fence that is down (the other fencing is his business if it is not actually on the pathway. Good luck and hope you and horse are well soon.
 
navaho said:
Report it to the right of way officer in your local council department. It is perfectly acceptable to use this to fence their fields in, hes quite right (regardless of whether livestock in in there or not, it doesnt just keep thing in, but also out), but as its grown into the ground it is now dangerous & does need sorting. Good luck & hope you & horse recover soon.
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To be honest at no point except the place where I fell off is the fence any taller than knee high, and most of it is only one or two strands at ankle/knee height. It's definitely not what I'd describe as a maintained or functional fence
 
http://www.naturalengland.org.uk/Images/publicrightsofwayadvice_tcm6-13878.pdf

Management of public rights of way
Land managers’ responsibilities
The land manager must respect the public’s rights of passage and not do anything that would
inconvenience or endanger the public in any way. The land manager has responsibility for the
following:
• Keeping rights of way clear of any obstructions, such as padlocked gates, rubbish, barbed
wire, slurry, manure, electric fences, hedgerows and chained or loose dogs, and warn users of
potential dangers (e.g. slurry lagoons, cliffs) near rights of way.
• Cutting back vegetation encroaching from the sides (but not the surface) and above, so that it
does not inconvenience the public or prevent the right of way being apparent on the ground. On
bridleways, horse riders should be allowed 3 metres (10 feet) or headroom.

I would most certainly contact your local council rights of way team and let them know what happened, from the document above it would appear the landowner has a duty to sort out the problem
 
shellonabeach said:
http://www.naturalengland.org.uk/Images/publicrightsofwayadvice_tcm6-13878.pdf

Management of public rights of way
Land managers’ responsibilities
The land manager must respect the public’s rights of passage and not do anything that would
inconvenience or endanger the public in any way. The land manager has responsibility for the
following:
• Keeping rights of way clear of any obstructions, such as padlocked gates, rubbish, barbed
wire, slurry, manure, electric fences, hedgerows and chained or loose dogs, and warn users of
potential dangers (e.g. slurry lagoons, cliffs) near rights of way.
• Cutting back vegetation encroaching from the sides (but not the surface) and above, so that it
does not inconvenience the public or prevent the right of way being apparent on the ground. On
bridleways, horse riders should be allowed 3 metres (10 feet) or headroom.

I would most certainly contact your local council rights of way team and let them know what happened, from the document above it would appear the landowner has a duty to sort out the problem
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Thanks so much!! I wonder what it means by "or headroom"
 
kellybee said:
To be honest at no point except the place where I fell off is the fence any taller than knee high, and most of it is only one or two strands at ankle/knee height. It's definitely not what I'd describe as a maintained or functional fence
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Tbh it doesn't matter what he fences his boundary with (provided it isn't razor wire!) It may be there to just to allow people to know where the field edge is in relation to the path, it does after all stop the path becoming wider as people try and skirt muddy patches, ride three abreast etc.
 
FestiveG said:
Tbh it doesn't matter what he fences his boundary with (provided it isn't razor wire!) It may be there to just to allow people to know where the field edge is in relation to the path, it does after all stop the path becoming wider as people try and skirt muddy patches, ride three abreast etc.
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Well, on the corner I fell off on it's definitely not 3 metres and there's no
headroom - I think they've cut the hedge from inside the field and missed the corner so you have to push the blackthorn out of the way to get round. Absolutely no way one horse could turn around let alone ride 3 or even two abreast
 
kellybee said:
Thanks so much!! I wonder what it means by "or headroom"
Click to expand...

From further in that document:


Rights of way obstructions and hazards
Local highway authorities have a statutory duty to protect your right to use public rights of way,
and to ensure that their surfaces are maintained, they are signposted from metalled highways,
and kept clear of obstructions.
Under the Countryside and Rights of Way (CROW) Act 2000 farmers and landowners also have
some specific duties and responsibilities in relation to both public rights of way and access land.
Some of the obstructions and hazards you might encounter
Vegetation
Land managers must cut back vegetation encroaching from the sides and above (though not the
surface), so that it doesn’t inconvenience the public or prevent the line of the right of way being
apparent on the ground. On bridleways, horse-riders should be allowed three metres (ten feet)
of headroom.
 
The responsibility for upkeep of a bridleway, the width and surface etc is set down in various legal Acts. Try this link - even though it may not be for your area, the basics are the same countrywide; it will only be that you need to contact your local Rights of Way officer etc. Do click on the headings within this link as there is some useful information as to the width of a bridleway. If it is a Byway then there is a duty that the council makes it wide enough for a pony and trap, but bridleways will depend on other things, though it was interesting to read that it should be wide enough to allow two horses to pass each other - certainly not the case on many bridlepaths local to me.

http://www.sefton.gov.uk/default.aspx?page=3169#1
 
HappyHooves said:
The responsibility for upkeep of a bridleway, the width and surface etc is set down in various legal Acts. Try this link - even though it may not be for your area, the basics are the same countrywide; it will only be that you need to contact your local Rights of Way officer etc. Do click on the headings within this link as there is some useful information as to the width of a bridleway. If it is a Byway then there is a duty that the council makes it wide enough for a pony and trap, but bridleways will depend on other things, though it was interesting to read that it should be wide enough to allow two horses to pass each other - certainly not the case on many bridlepaths local to me.

http://www.sefton.gov.uk/default.aspx?page=3169#1
Click to expand...

Thanks, I don't think it says two horses should be able to pass though, or if it does I missed that bit

edit; Actually, this document does, that's very interesting! Thanks :)
 
First of all, really sorry you and horse got hurt, they sound terrible injuries.:(

I had a look at the other pics you had put of the incident on FB, and have to say, I didn't think the bridleway was THAT bad. Obviously its not good either, but I would say it was passable without problems. The fence under the grass is obviously not good, but it wasn't actually across the path.. Did I understand rightly that the horse had run off and ended up in the fence due to that?

If it was a bridleway across my land I would be replacing it to stop people getting hurt and also getting onto the fields.

ps. Not meaning to sound "against you" or anything, I can completely understand your upset, and desire to pursue it, I'm just saying that your photos wouldn't put me off riding down that bridleway with either of my horses (although wouldn't be doing more than a walk).
 
Honey08 said:
First of all, really sorry you and horse got hurt, they sound terrible injuries.:(

I had a look at the other pics you had put of the incident on FB, and have to say, I didn't think the bridleway was THAT bad. Obviously its not good either, but I would say it was passable without problems. The fence under the grass is obviously not good, but it wasn't actually across the path.. Did I understand rightly that the horse had run off and ended up in the fence due to that?

If it was a bridleway across my land I would be replacing it to stop people getting hurt and also getting onto the fields.

ps. Not meaning to sound "against you" or anything, I can completely understand your upset, and desire to pursue it, I'm just saying that your photos wouldn't put me off riding down that bridleway with either of my horses (although wouldn't be doing more than a walk).
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Thanks I appreciate that. I had no problem riding down it, and I probably wouldn't have considered it a hazard if it wasn't for the fact that on that one narrow corner we were badly hurt.

I was riding (walking) ahead of my sister in law who was riding Ollie, my 15.2 middleweight cob. As we approached the corner where the trimmer doesn't seem to have reached to cut the hedge back, Ollie shot forward and forced Alfie into the right hand hedge here, where Alfie got his legs tangled;

IMG_3679_zps7a69e5b6.jpg


This shows a little better how overgrown the corner is

IMG_3631_zps74250abc.jpg


I ended up in the field and he shot off, trampled my sister in law who'd also come off and upon reaching a gate and a fence, he went through the fence rather than stopping.

I'm honestly not out to see the farmer in trouble, but I'd like to feel relatively safe on the bridlepath. Yesterday I walked back down the path to the place where it happened and contacted a friend who works for the farmer to ask if he could let him know the fence needs maintaining, and was told basically tough luck, its a perfectly legal "stock proof" fence. I appreciate that it might be legal, but the majority of its not stockproof and I don't feel its safe on such a narrow corner. Therefore my question was, is there anything can be done about making it safer for riders and especially horses.
 
I support your view that it is a dangerous bridle way. I wouldn't like to ride my horse through there, as you found one spook and you are into that fence. Only the quietest 'plod along type' would safe to ride along that path.
However it would cost the landowner a fortune to remove and or replace that fence and I can't see him doing that for horse riders.
I agree your council will have somebody employed to deal with public rights of way and bridle ways. I would contact them and see if anything can be done. (I once had a barbed wire fence removed which went across a bridle path stopping access, the council officer arranged this, they have to power to demand it was removed, but this fence in my situation was completely stopping access).
I do feel sorry for your situation and it is such a shame that here we have a public bridle way that is not fit for purpose. Chase the council, good luck.
 
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KB, we use barbed wire in livestock fields and is a nightmare if not maintained for doing exactly this... So we maintain it.

If the farmers response is tough luck then I'd have no concerns about going higher. You and your horse were very lucky to get away with those injuries and if he's shown no compassion then I wouldn't be.

Personally my first port of call be to contact the local council for cutting back headroom and explain your situation and how you were injured in there. They may contact the farmer themselves.
Even if it's on his land not the bridleway, Insurance wise you could probably have a decent case against him so he will be silly if he doesn't learn from this, the next accident could be far worse.

In regards to paying out to maintain and re-fence that's part and parcel with being in the business.
You choose to maintain/re-fence or leave it without. On the perimiter fence beside a bridleway (which was almost certainly there before the current farmer) you take that into account.
In our arable fields that means no fencing.
 
hi ive found its just easier to maintain paths ourselves ,we cut branches and clear undergrowth.-i even carry a fold up tree saw in my saddle bag so if we meet a problem i can hop off and sort it out. we hack in very ancient woodland and keeping paths clear is our responsibility if we want to use them.
 
It's a bit different cutting a branch off to hacking back barbed wore though. I'd also not promote this... Certainly OH is not allowed to cut back anything publicly even for free or to open access due to liability
 
I would ride on that no problem however I would not do so while it was that wet as I feel it's unfair on landowners to do so.
I am unsure about how this accident happened , you where charged by your own Shetland ? Do i have that right How is that the landowners fault if your badly behaved horse caused the incident ,not being awkward just don't understand .
 
GS. I'm looking at the pictures thinking the buried barbed wire is on the bridleway in which case it needs to be sorted. Could be wrong though. Either way if a kid walks on it and faceplants because there is barbed wire instead on grass underfoot it could be awful. If it was our land the fencing would be pulled back up regardless of how the accident occured.

If this is on the inside then I absolutely agree. I also agree on the condition of the path, I wouldnt be on it til drier, but that's curtesy not legality.
 
Our local bridlepath group organises work parties to go and clear the vegetation for places like that. It is actually the responsibility of the local authority, but they haven't the resources to do everything, so we liaise with a Council officer who is in charge of volunteer work partes (there are lots from the walkers and 4.x 4 world). She informs the landowner that the work will be done, and often the Council will provide tools.
Since we have members who have undertaken training from the CC, we can go and do our own clearance without a Council employee being there, but we always inform them and ask them to tell the landowners first. We also have a good selection of tools that we have bought from fund raising events (and had CC approved training to use them!).

We spend a morning doing work like this, everyone has had enough after 2-3 hours, but you get to know the local riders.
 
I have to say that there are far more serious problems on bridleways, than poor fencing to the side. I also would not ride on that path at the current time, it makes it unusable for others and does long term harm to the surface. I think a lot of riders could do with some land management education and remember that with rights come responsibilities.
 
Thanks so much for all your help! The path goes for about four miles and the ONLY part thats upright and secure is the part where i came off. Theres no way id be able to maintain it myself, and i dont feel its my role to do so either.
 
He isnt badly behaved hes a kick along cob. If it was a barking dog or a paper bag or a shetland pony, regardless the wire and the width is the problem. Warks council website states 3m at field edge, this one on 0.87 on that corner.
 
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