Use this page to find out what happens if a public right of way is obstructed. Learn about enforcement action, procedures and our adopted public rights of way enforcement policy.
We ensure that all public rights of way remain in a condition that is safe and easy for use by the public, carrying out practical works to maintain them. When enforcement problems occur, we will take action to resolve them.
The PROW Enforcement Policy provides information of relevant concepts and background and concludes with a formal statement of policy.
Who is responsible for maintaining public rights of way
Our duties
- maintaining the surface of publicly-maintainable footpaths, bridleways, restricted byways and byways open to all traffic
- maintaining and repairing public rights of way bridges
- signposting from metalled roads and waymarking along routes where the way may not be obvious
Landowner's duties
- maintaining stiles and gates
- ensuring side vegetation is not overgrown or overhanging
- reinstating route after ploughing and cropping
- ensuring animals and livestock do not pose a danger the public
Common PROW issues
Farmers must not obstruct either a field-edge or a cross-field footpath or bridleway with growing crops. The line of the path must be clearly marked at all times. Crops over a height of 6 inches will normally be considered an obstruction.
The farmer is required to ensure that a minimum 1 metre wide strip is cleared on cross-field footpaths and 1.5 metres on field-edge footpaths; a minimum 2 metre wide strip is cleared on cross-field bridleways and 3 metres on field-edge bridleways.
Landowners are responsible for removing fallen trees from paths. We will contact landowners to ensure this happens and may remove them ourselves if they pose an immediate risk to the public.
Landowners have a duty to cut back adjacent vegetation so that it does not obstruct the path or make it difficult to use it. We will take action where necessary to ensure that this duty is met.
We are responsible for cutting back vegetation that grows up from the surface of the path (except for most agricultural crops). We have various contracts to ensure that many sections are cut back routinely before problems occur. Other routes will be dealt with as and when required.
Where paths are illegally blocked, we will take enforcement action and prosecutions where necessary to ensure that the public's rights are protected.
Farmers are allowed to plough out the surface of a cross-field footpath or bridleway in order to plant crops only if it would not be reasonably convenient not to do so.
If they do plough a path up they must ensure that the line of the path is clearly marked across the field and a reasonably convenient surface is provided for users within 14 days of first ploughing.
If they need to disturb the surface for any subsequent operation, they must re-instate the surface within 24 hours.
Stiles and gates are a traditional part of the landscape. They can be attractive and add interest in their own right to a walk or a ride.
Whilst their purpose is generally to control farm animals from straying, they can be inconvenient to users or even prevent people with mobility difficulties from using a path altogether. For these reasons their use is controlled by law.
Courses of action
Advice
If the issue is of a minor nature, we will advise the owner or occupier. The person responsible will be requested to take appropriate remedial action within a given time period depending upon the circumstances of the case.
Enforcement notice
A formal notice may be served if a request to take remedial action has failed. We will remove obstructions, restore paths and recover costs. A copy of the notice and supporting documentation may also be forwarded to the Rural Payments Agency (RPA) to notify them that a breach of cross-compliance has occurred. This may lead to a whole area inspection and a financial penalty.
Caution
A formal caution may be used when the person responsible for the offence has admitted it, and there is reason to believe that remedial works will be carried out. The offender will be required to sign the caution. As it entails an admission of guilt by the person responsible, it is used only where prosecution proceedings would otherwise be appropriate. A record of the caution will be held on file, and may be referred to if the person is convicted at a later date of a further offence.
Prosecution
In some circumstances we will prosecute if we believe it to be in the public interest to do so and this may be undertaken along with the service of notices above. Certain offences require the service of a notice, before an application can be made to the Magistrates Court for an order to remedy the problem.