Where do I stand with a dangerous bridleway?

kellybee said:
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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It is likely that this width is their 'ideal' and the width for any newly created bridleways. While I understand that you are upset, it is best to keep landowners 'on side'. He does clear the pathway to an extent, a lot more than many do, who just allow paths to get overgrown. I would also be aware that with recent cuts to LA budgets, the ROW which will get the money are the ones which serve the most politically involved groups, such as cyclists and ramblers. Find out when the next PROW meeting is of your council, and go along. Riders are the least active group when it comes to lobbying, or indeed joining the path clearing parties. :(
 
Id gladly help if it saved my horse from being in such a mess again. This was the first time iv used the path in 15yrs and the only reason we kept going was because there wasnt room to turn around. It just seems a shame that it has to come to this before anyone does amything about it. The landowner lives in scotland so he gas contractors work the land on his behalf. He probably has no idea the fence is bad.
 
I would suggest that you contact the Access officer at the local County Council and ask them to firstly identify if the bridleway is of the correct width as it looks a little narrow to me and it may be that the landowner/farmer has erected their fencing on the bridleway.

The fencing is unsafe and the landowner is duty bound to make it safe.

When contacting the Access Oficer at the County Council ask them what action they intend taking. If you do not hear from them within 14 days then contact them again.

If you are not satisfied with their response then ask for assistance from your local BHS Access officer who will be only to pleased to assist you. You can get their contact details from the BHS or simply E-mail me and advise me which county you are in. E: peter.natt@btinternet.com
 
I think Peter's advice is the best.

But I am taken aback that you do not seem very willing to help maintain a bridlepath. I am afraid that when County Councils allocate money, rights of way come right at the bottom of the list, well below help for the eldery and children and they are relying more and more on unpaid volunteers for various work.

The ramblers and the 4 x 4 clubs help A LOT with rights of way maintenance.
 
Orangehorse said:
I think Peter's advice is the best.

But I am taken aback that you do not seem very willing to help maintain a bridlepath. I am afraid that when County Councils allocate money, rights of way come right at the bottom of the list, well below help for the eldery and children and they are relying more and more on unpaid volunteers for various work.

The ramblers and the 4 x 4 clubs help A LOT with rights of way maintenance.
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Do you mean I am unwilling? I have at no point said I was unwilling. If you read my last comment, you'll see I said quite the opposite. It was suggested that I maintain it myself, but I said I didn't feel that was my responsibility (as in me, one person repairing five miles of someone else's fence?). See below.

kellybee said:
Id gladly help if it saved my horse from being in such a mess again. This was the first time iv used the path in 15yrs and the only reason we kept going was because there wasnt room to turn around. It just seems a shame that it has to come to this before anyone does amything about it. The landowner lives in scotland so he gas contractors work the land on his behalf. He probably has no idea the fence is bad.
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Peter, I really appreciate your help. I've submitted a request via Warwickshire council https://www.warwickshire.gov.uk/corporate/ofr.nsf/ofr1?openform and will be in touch if I haven't heard anything back from them.

Everyone's advice as always is very much appreciated, I'll keep you posted. Thanks again.
 
I am quite confused by some of the comments on here! The fence is clearly laying on the bridlepath, the fence posts are leaning into the bridlepath and there are metal fencing support spikes sticking out into the bridlepath! Just because the centre track is muddy does not mean it cannot be ridden on, if that is the only path that goes where you want to go then you are free to ride on it, that path should be useable for the full width, this clearly isnt, due to overgrown bushes/trees and the encroaching fenceposts/spikes/sheep wire and barbed wire. I am afraid if I had the response that you got I would immediately be contacting one of the no win no fee solicitors and suing for my injuries, I hope you took photos of those too OP.

As for maintaining a bridlepath, cutting a few odd branches back is one thing, fixing a farmers fence and cutting back a whole run of hedging is another entirely! Regardless of horse shying had the op been trying to ride at the edge rather that in the mud then chances are the horse would have become tangled in the hidden wire anyway. I really hope you follow this up OP with the council and BHS officers, make a huge fuss and cause the farmer some grief. The attitude you got absolutely stinks and they need to be put straight about what is legal and safe!
 
Thanks, i've reported it to warks council and have pics of the whole stretch and our injuries. It's a little disheartening to hear that its legal and therefore its tough especially from someone you know. I hoped to use it to take my little niece to the local show on her pony this summer but i wouldnt be confident leading her down there with the fence in that state. As for my own horses, my appy isnt very confident on the road which is why we moved here in the first place. It's the only place we can really ride until the stables and menage go in so looks like i'll have to invest in a trailer for show days and hacking until i hear from the council.
 
I see it as follows:

- The mere fact of having barbed wire, even loose barbed wire, alongside a bridleway isn't a problem legally. If it was, lots of people would have to completely re-do all their fencing.
- If the barbed wire is on the floor on the right of way so the general public can get tangled in it, particularly if you can't immediately see it, there probably is a liability on the landowner and/or the council to get that sorted
- If the path is so overgrown that you are forced into the line of the (badly maintained) barbed wire, there probably is a liability on the landowner and/or the council in that case too to cut the undergrowth back to give you a bit more space on the path.

Who actually owns the land the path is on? Does the farmer's land finish at the fence line?
 
It is the PROW officer at the council who has responsibility for this.

They have a duty of care to ensure that the path is safe, which your path clearly is not.

However in the current economic climate, bridlepaths are right at the bottom of the list.
 
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