Landowner Responsibilities

Landowners

The Landowner must:

Be aware of all rights of way on their land and have respect for them.
Keep rights of way clear of obstructions and keep back side growth and overhanging vegetation which may encroach onto the path- it is illegal to obstruct a right of way.
Obtain the consent of the Borough Council before erecting new stiles or gates, or installing new bridges or culverts along rights of way, and ensure that all are maintained to a safe and usable standard and replaced when necessary.
Ensure that rights of way are restored following drainage schemes.
Restore the surface of any crossfield footpath or bridleway which has been ploughed to at least the minimum width so that it is reasonably convenient to use and apparent on the ground, within 14 days (or 24 hours of any subsequent disturbance).

The landowner may:

Provide for improved access for dogs.
Protect land against the acquisition of further public rights on their land.
With prior consent, improve the surface of the right of way beyond the standard required for its status (for example surfacing a footpath that also serves as a driveway).

The Landowner must not:

Allow any dairy bull over ten months of age free range of any field through which a footpath or bridleway passes.
Allow barbed or electrified wire to cross through stiles, or run adjacent to rights of way, which could injure users keeping to the correct routes. Electrified fencing should be insulated appropriately at public crossing points.
Erect misleading signs likely to deter use of rights of way.
Plough a footpath or bridleway which constitutes the headland of a field, or runs alongside a hedgerow.
Plough any byway open to all traffic or restricted byway.
Remove or alter the direction of rights of way signs and waymarks.
Use intimidation to prevent the public use of a right of way from using by telling them to leave, threatening them, keeping a fierce dog having access on to land crossed by a right of way, or by any other form of harassment.

If you require any further information regarding the above, please contact us using the details to the right of this page.

top

Bracknell Forest Borough Council

All public rights of way in Bracknell Forest are the overall responsibility of Bracknell Forest Borough Council as the Highway Authority who ensure that:

The Definitive Map of Rights of Way is maintained, revised and displayed at the Time Square Council Offices.
Surfaces of rights of way are maintained and the natural vegetation growing on them controlled.
Farmers and landowners are assisted with maintenance of approved stiles and gates.
Footpaths, bridleways and byways are signposted where they leave a metalled road, and waymarking is carried out where necessary. They may also arrange for additional waymarking after consultation with landowners.
Most bridges crossed by rights of way are maintained.
Appropriate action is carried out following complaints about Rights of Way.
All rights of the public to use and enjoy rights of way are protected.

General Path Maintenance

Rights of way are maintained to a standard appropriate to their location and use and therefore standards of maintenance and conditions between urban and rural paths will vary. Paths through farms must be safe and unobstructed but users should expect to need clothing and footwear suitable for uneven, wet or muddy conditions, particularly in winter. Generally an urban path is well maintained and suitable for children, elderly people, prams and wheelchairs.

User or other groups or individuals should first seek agreement of the Borough Council before maintaining a path. 22 Voluntary Rangers are allocated specific rights of way and feed back information about ease of use, fly-tipping or other issues. In addition they undertake twice yearly formal inspections of their allocated ways.

Widths Hazelwood Lane

The law requires no standard width for any rights of way. However, it is common sense to allow them to be wide enough for two people or two riders to comfortably pass one another. Where a particular highway has historically lain between or been bounded by features such as hedges, ditches, walls, etc. it is generally assumed that the public will have rights between these ‘boundaries’ as part of the route.

Sometimes widths have been laid down by Parish Enclosure Awards and some are listed in the Definitive Statement. For a new or diverted right of way, it is usual to specify the dedication of 2m minimum width for a footpath, 4m for a bridleway, and 5m for a byway. Where neither boundaries on both sides nor a specified width applies and a dispute arises, evidence from local people would normally be sought to establish the width of way habitually used. The Rights of Way Act 1990 sets out "minimum widths" in relation to ploughing and cultivating.

If you require any further information regarding the above, please contact us using the details to the right of this page.