Working in partnership for the people of Herefordshire

Rights and responsibilities

Photo of an Amey Herefordshire Public Rights of Way Officer talking to a landowner about his rights and responsibilities

Advice to landowners

As a landowner you have a number of responsibilities for public rights of way, which run across your land. Path users should be able to use any public right of way at anytime without obstruction or any form of intimidation. Dogs are allowed on all route types, they should however, be kept under close control at all times. If you are unsure as to where exactly public rights of way are located on your land the current Definitive Map can be viewed at the Amey Herefordshire Offices in Hereford or visit the Definitive Map page.

Overgrowth

Hedges and trees should not be allowed to obstruct any part of a footpath.

Ploughing and cropping
Photo of a fingerpost pointing at a filed where crops have been planted over the footpath

Ploughing and cropping

A field headland path must never be ploughed. A width of 1.5 metres for a footpath and 3 metres for a bridleway should always be kept clear of crops. Cross-field footpaths must be kept clear to a minimum width of 1 metre, bridleways should be kept 2 metres clear.

If you cannot avoid ploughing cross-field footpaths and bridleways they must be reinstated within 14 days.

The County's rights of way network is a valuable commodity as regards bringing in income to the County and providing enjoyment to visitors and local residents.

Herefordshire Council therefore has in place an enforcement policy in order to ensure that disruption from ploughing and cropping is kept to a minimum.

Resources


If you need help to understand a document, or would like it in another format or language, please call 01432 260500 or email info@herefordshire.gov.uk

Livestock and animals
Photo of cows in a field which has a footpath going through it

Livestock and animals

Regardless of species, breed or age it is not permitted to keep an animal on a public right of way which may endanger members of the public.

You must not keep a dairy bull over 10 months old in a field which a public right of way exists. Beef breed bulls are permitted, but must be accompanied by cows or heifers.

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Existing Gates and Stiles
Photo of an Amey Herefordshire operative installing a metal gate

Existing gates and stiles

Landowners are responsible for gates and stiles on a public right of way. You must ensure they can be used without difficulty by path users. If any of your gates are out of condition we can supply new ones free of charge for you to install.

Herefordshire Council has adopted the principle of the least restrictive option when looking at access points along a path. This means consideration will be given to improving access along a route and upgrading furniture to remove as many obstacles as possible. In practical terms this means removing a stile or gate to leave a gap or replacing a stile with a gate. Therefore,where resources allow, should a landowner agree to replacing a stile with a gate then Herefordshire Council will supply and install the gate.

Herefordshire Council will only supply a stile to landowners who insist on replacing an out of repair stile with another stile. Should you require furniture, please phone the Amey Herefordshire Public Rights of Way Section on 01432 261800

New gates and fencelines

Before any new fencelines are erected across a public right of way, permission must be sought from the Highway Authority. Stiles are not permitted under any circumstances. Once permission is granted a gate may be installed.

Permission will only be granted if the fencing is to control livestock. To discuss this with an Area Warden please call 01432 261800.

Electric fences

Care should be taken when installing electric fences on or alongside public rights of way. Please speak to an Area Warden for advice on 01432 261800.

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Waymarkers and signs
Photo of a footpath waymarker, these have a yellow arrow

Waymarkers and signs

Amey Herefordshire install waymarkers along public rights of way to assist path users. Waymarkers also protect landowners from people losing their way and trespassing. If you feel paths around your property are not adequately waymarked please contact the Amey Herefordshire Public Rights of Way Section on 01432 261800 and they will arrange for your Area Warden to improve signage.

Public safety

If works are to be carried out on or around a public right of way, in the interest of public safety it may be necessary to temporarily close or divert the path. If you see a need for this measure on your land please see our section on temporary path closure orders.

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Responsibilities of Path Users

Responsibilities of path users

The Countryside Code provides advice to the public.

Herefordshire Council Responsibilities
Photo of an Amey Herefordshire Public Rights of Way Officer talking to a landowner about his rights and responsibilites

Herefordshire Council's responsibilities

As the Highway Authority, Herefordshire Council has a legal duty to maintain public rights of way. Where necessary, Herefordshire Council will act in default where the responsibilities of others, such as landowners, have not been carried out.

Herefordshire Council are responsible for the following:

  • maintaining the surface of public rights of way and control vegetation growing from the surface of paths (other than crops)
  • authorising new gates or stiles (where there was previously not one in place)
  • providing a minimum 25% contribution towards any costs incurred by a landowner in maintaining stiles or gates on a public right of way when requested by a landowner
  • maintaining bridges over natural water courses and farm ditches which were in place when the path was first recorded
  • providing signposts where public rights of way leave metalled roads
  • providing waymarkers
  • securing the removal of path obstructions
  • meeting the requirements of the Disability Discrimination Act 1995 (DDA).

The Herefordshire Public Rights of Way Section is committed to protecting and maintaining public rights of way and making the best use of available resources in order to do so. When a defect is reported it is dealt with in accordance with our inspection and maintenance policy.

Resources


If you need help to understand a document, or would like it in another format or language, please call 01432 260500 or email info@herefordshire.gov.uk

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Herefordshire Council, Brockington, Hereford. HR1 1SH | Tel: (01432) 260000 | info@herefordshire.gov.uk