Landowners guide to public rights of way

Your responsibilities

If you own or occupy land crossed by a public right of way, it is your responsibility to keep the route clear and safe for users.

Keep paths clear

The public must have access over the whole path. Obstructions (such as fences, locked gates or parked machinery) are a public nuisance and a statutory offence.

Ploughing crops and paths: a practical guide for landowners and tenants

Keep paths safe

Paths must be free from hazards and any that are near to a public right of way should be clearly signed.

Barbed wire should not be fixed to fencing facing a right of way. Barbed wire running through a stile must be covered or have had its barbs removed.

Electric fencing must be insulated or covered where it passes through a stile or gate and must be clearly signed to warn users.

Maintain trees and hedges

Vegetation growing in from the side or overhanging a path must be cut back so the path is clear. Bridleways must have a height clearance of at least of 3.75m for horse riders. It is the responsibility of the landowner to clear trees or branches that have fallen on or across a right of way.

Do not intimidate or misinform users

Ensure that animals do not intimidate users or obstruct the right of way. It is an offence to put signs or notices on public rights of way that misinform or discourage public use.

Maintain gates and stiles

Landowners must keep stiles or gates in good condition.

New gates and stiles

It is a criminal offence to install stiles or gates without our permission. We no longer authorise new stiles as they make paths hard to use for those who have mobility difficulties, pushchairs or wheelchairs. New gates will only be authorised to prevent livestock straying.

Whenever possible existing stiles should be replaced with a gap or gate. We are willing to contribute towards the cost of a gate where it replaces an existing stile.

Standard design specifications for practical projects such as stiles and gates
Rural Communities Fund for funding to replace stiles or improve gates
Our 'Stiles to gates' scheme
The Countryside Code: advice for land managers section

Carrying out works on public rights of way

You have the right to improve the surface of a path (for example if a footpath also serves as a driveway), however you must first get our consent.

If you are doing work that will improve a right of way for users it may be possible to get a grant from our Small Grants Scheme to contribute towards the cost.

Rights of way must not be closed or restricted without our consent. If you are intending to undertake any activity that might affect a public right of way please contact us first.

Changes to public rights of way and access

If someone has made an application to add a public right of way on your land you will receive a 'Notice to Landowner(s) and Occupier(s)’. We can explain the process if you receive such a notice. We will ask you to provide evidence to assist the investigation process.

Remove, divert or create a public right of way (Public Path Orders)

Applications to add a public right of way (Definitive Map Modification Orders)

Protecting your land

In certain circumstances, the public can acquire rights over private land through long use. If you wish to protect your land against a claim for public rights, you can make your intentions clear by displaying notices, fencing land or locking gates.

You can also use Form CA16 to deposit with the County Council a statement and plan or declaration under the Highways Act 1980, and/or landowner statement under the Commons Act 2006.

Submit a Landowner Deposit

Giving permission to use a path

Landowners can give the public permission to use a path on their land, without it becoming a public right of way. These paths improve access by filling gaps in the network between existing public rights of way.

Public rights of way on your land

If you are unsure as to whether you have public rights of way over your land you can check the legal record - the ‘definitive map’.

Privacy notice

The Countryside Service privacy notice explains how the County Council uses and keeps any information which you provide to us.