A Landowner’s Guide to Public Rights of Way - Roles and Responsibilities
In this section
- 1. Introduction
- 2. Landowners’ Principal Responsibilities
- 3. Who is responsible for Stiles and Gates on Public Rights of Way?
- 4. Who is responsible for Bridges on Public Rights of Way?
- 5. What fencing is permitted near a Public Right of Way?
- 6. How Wide is a Public Right of Way?
- 7. Who should maintain the surface of a Public Right of Way?
- 8. Who should maintain hedgerows?
- 9. Can I plough and grow crops across a Public Rights of Way?
- 10. Can I change the Route of a Public Right of Way?
- 11. Can I remove a Public Right of Way from my land?
- 12. Can I challenge the accuracy of the Definitive Map and Statement?
- 13. Can I protect my land from the addition of more Public Rights of Way?
- 14. Contact Us
5. What fencing is permitted near a Public Right of Way?
Landowners/occupiers must ensure that fences do not obstruct or encroach on the width of a PRoW (see width of PRoW).
Barbed wire is a hazard to PRoW users and is not acceptable on or near PRoWs where it is likely to cause injury. Barbed wire should never be fixed on the PRoW side of adjacent fencing or around posts which form part of a stile or gate. Landowners/occupiers are liable for any damage/injury caused by barbed wire inappropriately erected on or near a PRoW.
Electric fencing, whether or not it is electrified is subject to the same rules as other fencing, it should not encroach on the width of a PROW and should not erected across a PRoW without authorisation from the local Authority. Where consent is granted, a suitable gate should be installed and insulated for public safety. Clear warning signs should be displayed at regular intervals indicating a fence near a PRoW is electrified.
Where an existing fence is obstructing a PRoW or a new fence is needed that will cross a PRoW, public access must be safeguarded.
A British Standard compliant structure installed in the fence line can adequately maintain public access however authorisation from the local Authority is required (see Gates, Stiles and Other Structures).
