Advice for farmers, landowners and other livestock keepers

Use this page to get advice about public rights of way if you're a farmer, landowner or livestock keeper.

An animal must not be kept in a field containing a public rights of way if it has previously displayed aggressive behaviour or if there are reasonable grounds for believing that the animal may pose a danger to the public.

Select a topic below to find out more about specific issues.

Cattle

The Health and Safety Executive has published an information sheet which describes the major hazards to members of the public associated with keeping cattle in fields where the public have access.

The only bull allowed in a field crossed by a public right of way is a bull under 10 months old or a beef bull accompanied by cows or heifers.

Breeds of bull that must NOT be kept in fields with a path include:

• Ayrshire
• British Friesian
• British Holstein
• Dairy Shorthorn
• Guernsey
• Jersey
• Kerry

Farmers are advised to ensure they comply with the HSE Agricultual Information Sheet No 17 on Cattle and Public Access.

Shooting

It is not a specific offence to shoot across a public right of way but to do so could amount to a common law nuisance, wilful obstruction of the highway, a breach of the Health and Safety at Work Act etc 1974 or intimidation. It is an offence for anyone except the landowner or occupier (or someone with their permission) to carry and discharge a loaded firearm or air gun in a public place, including any public right of way. Organised shoots should adhere to the BASC Code of Good Practice.

Overgrown crops, trees and vegetation

Farmers must not obstruct a public right of way with 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. Farmers are 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

If farmers 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. If they need to disturb the surface for any subsequent operation, they must re-instate the surface within 24 hours.

Landowners have a duty to cut back adjacent vegetation so that it does not obstruct the path or make it difficult to use it. The Council will take action where necessary to ensure that this duty is met. B&NES is responsible for cutting back vegetation that grows up from the surface of the path (except for most agricultural crops). It has various contracts to ensure that many sections are cut back routinely before problems occur. Other routes will be dealt with as and when required. Landowners are responsible for removing fallen trees from paths. 

If an incident occurs

Farmers, landowners and other livestock keepers should immediately report any incidents or near-misses to B&NES' Public Rights of Way Team. It may also be necessary to notify the Health and Safety Executive depending on the nature of the incident.