Public rights of way on farmland are protected under the Highways Act 1980. This includes footpaths, bridleways, restricted byways and byways open to all traffic. Under s.137 of the Highways Act 1980 it is an offence to obstruct a highway intentionally (inclusive of public rights of way).
Farmers with land that has a public right of way are required to maintain these paths, ensuring they are not obstructed by crops, and that gates and stiles are properly and appropriately maintained for public use (as per s. 146 of the Highways Act 1980).
If landowners wish to divert or stop-up a public right of way, they must apply for a diversion or stopping-order under ss. 118 and 119 of the Highways Act 1980. For example, if a farmer intends to build a barn that would block a footpath, they will need to obtain a diversion order to re-route the path legally.
If they failed to comply with these legal requirements, it could lead to enforcement action being taken by local authorities or legal challenges being made by the public. So if you are planning a development that could impact existing public rights of way on farmland, it’s important to consider your liability and seek to limit it.
In short, yes. The CRWA 2000 grants a statutory public right of access on foot over designated areas, such as open country, registered common land, coastal margins and land dedicated for public access.
For example, a walker may legally access a moorland area designated as access land under the CRWA 2000. However, this right is limited to access on foot and doesn’t permit activities such as cycling, horse riding or camping unless explicitly allowed.
Schedule 2 of the CRWA 2000 prohibits certain activities on access land, such as lighting fires or driving vehicles.
Importantly, the CRWA 2000 doesn’t create new rights of way or village greens – ensuring that landowners retain control over their property/farmland while allowing limited public access.
Nor does the CRWA 2000 impose additional liabilities on landowners beyond those already owed to trespassers.
Landowners and occupiers owe the same duty of care to individuals exercising statutory rights of access as they do to trespassers.
As a result, landowners and occupiers are not liable for risks arising from nature features, water bodies or improper use of gates and stiles – their liability is limited to compliance with basic safety standards (as any homeowner would also be obliged to follow).
For example, if a walker trips over a tree root on access land, a landowner is not liable for the injury. However, landowners must ensure that any man-made hazards (such as uncovered wells or unsafe structures) are addressed, in order to avoid liability under the Occupiers’ Liability Act 1984.
Rights of common allow specific individuals to use portions of another’s land for certain purposes. For example, a farmer may have grazing rights on a common, and this may be limited to a specified number of sheep on the land.
Rights of common are distinct from public rights of access and do not grant the general public unrestricted access. However, statutory systems safeguarding public access to common land can impact landowners’ ability to develop their farmland.
Under s.38 of the Commons Act 2006, landowners must obtain consent before carrying out works that would prevent or impede access to common land. For instance, if a landowner wanted to fence off a section of common land for private use, this would require approval from the Planning Inspectorate.
Yes. Under their statutory powers and duties, utility companies operating in water, gas, electricity, communications and energy industries have statutory rights to access private land for the purposes of laying infrastructure.
For example, Schedule 4 of the Electricity Act 1989 allows an electricity company to enter farmland to install overhead power lines. Importantly, landowners are entitled to compensation for any damage caused by such works. If a landowner takes steps to refuse access to their farmland, a utility company may apply for a court order to enforce its statutory rights.
Landowners may negotiate with utility providers to minimise disruption and, in some cases, compel them to use compulsory purchase powers to facilitate development projects. If landowners know about a utility company’s intention to access their land, they should take steps to liaise with them and negotiate that access. Transparency as to the context of that access helps to avoid potential disputes and minimise disruption to both parties’ operations.
Farmland owners must navigate overlapping rights and obligations:
Managing circumstances where they need to negotiate with utility companies to minimise disruption caused by infrastructure projects and ensure fair compensation for any damage
Compliance with legal requirements is essential to protect your property interests and avoid potential disputes.
If you are a landowner concerned about issues around access to farmland, the Whitehead Monckton Disputes team can advise you on both your and your intended accessors’ rights. We’ll help you to appropriately address concerns while ensuring compliance with legal requirements; protecting your best interests and navigating potential disputes.
