Author Topic: Footpaths - are farmers allowed to plough them up?  (Read 20911 times)

BedfordshireClanger

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #45 on: 19:21:30, 31/03/18 »
 Old thread I know but I just wanted to make clear the legal aspect as this thread (amongst others) comes up on a 'ploughed up footpath' search and may stop somebody ending up in trouble...

Any land owner (or their representative in the form of a contractor) may plough up a PROW (public right of way) aka 'Footpath' if they are doing so to plant a 'crop'. However they must reinstate the footpath to a level that is fit for purpose within 14 days, any additional disturbance must be reinstated within 24 hours again to a level that is fit for purpose. There is no maximum width of a footpath however the adopted minimum width is 1m (1.2 under certain circumstances).

Confusion creeps in as to what constitutes 'fit for purpose'! some farmers feel this is a just a twig marked track in ploughed soil others a rolled, and crop destroyed path. However in the majority the standard is that set down (or more accurately enforced) buy the council highways department that holds public responsibility for the allotted location.

If the path is unclear you have NO legal right to divert, in fact YOU ARE TRESPASSING by doing so and open to prosecution, do not assume a headland path is a legal route of passage, most are not but form part of farm grant packages with no intrinsic legal public access.

It is always advisable to consult the County/Borough/District Councils 'Definitive Map' before using any PROW as this is the ONLY legal source a member of public has access to, to be 100% sure you can legally use that right of way.

 
Most council now have on-line definitive maps (some better than others unfortunately). If you have issues with a PROW then report it directly to the councils PROW team (normally housed within a 'highways' department.. always request a report number and a follow up 'update'.
 
Tar, Jen.

Hillhiker1

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #46 on: 19:39:11, 31/03/18 »

Bit of a strange first post... :o


fernman

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #47 on: 20:18:52, 31/03/18 »
Welcome to the forum, Jen. Without stopping to read the preceding three pages of the thread, I feel sure most of your points have been validated previously and it has been established that the correct thing to do is to follow the route of the right of way across a ploughed field even if it has not been reinstated.

However there are times when it makes more sense to walk around the unploughed margins of the field instead. I have done this in the past and I am certain I have done it within the last four years, since the thread you have posted on.

I have done this once in full view of the person driving the tractor that was ploughing the field, and on another occasion when a field was so freshly ploughed and tilled that it must have been done only that morning.

I am extremely doubtful that the farmer would take exception in such instances.

jimbob

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #48 on: 22:50:42, 31/03/18 »
Also and extremely important you cannot be prosecuted for trespass in these or any other circumstance. It is NOT a criminal offence.
Too little, too late, too bad......

Mel

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #49 on: 23:08:12, 31/03/18 »
Old thread I know but ...

 
Can't beat a good resurrection.  Anyone would think it was Easter or something  ;) 

adalard

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #50 on: 23:10:13, 31/03/18 »


Can't beat a good resurrection.  Anyone would think it was Easter or something  ;)


 ;D ;D ;D


Nearly choked on my wine then, Mel... Don't normally log in on my phone but that was funny!

gunwharfman

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #51 on: 12:37:57, 01/04/18 »
I have no real objection if a farmer plows over a footpath to grow food as long as he or she offers an alternative route around the field edge. If its not provided I grumpily walk across his or her plowed field on the old route! Mind you, walking on a footpath across a field when the crops are at their best can be very uplifting. I did this two years ago across a wheat field near Tenderden in Kent, I felt like I was Russell Crowe in the film Gladiator.

If we end up coming out of Europe it has been said by some that we will need all the food growing space that we can possible organise and even this will not be enough. For some farmers could this be an opportunity for a land grab scenario? I'm now sounding like my mum talking about her life in WW2 and the food shortages that they endured.

pleb

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #52 on: 16:00:02, 01/04/18 »

 ;D ;D ;D


Nearly choked on my wine then, Mel... Don't normally log in on my phone but that was funny!
Communion wine? Bless you my son!  ;D
Whinging Moaning Old Fart

BuzyG

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #53 on: 22:47:32, 01/04/18 »
The foot path across the field where I regularly walk is ploughed up most years and planted with crops.  The local walkers simply walk across the field along the line of the foot path.  it soon marks out the right of way again.  usually long before the crop starts to push through.  Sweet corn last year. 


What is more of a pain, is the farmer has now fenced off the foot path running down the adjoining fields which is preventing the animals grazing it.  Hence the footpath has become a nettle fest over the past two years.

KimE

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #54 on: 07:24:18, 02/04/18 »

[font=]"They frequently plant crops, but it must be nigh on impossible to leave a metre wide strip clear where the path is, so if you know where to tread just trample the crops, that's what I think."
[font=]
 
[font=]In Sweden we have a law against plowing and planting trees on paths in forests it make the path area a dense wall of trees grown naturally from seeds in the ground. The new path are often in the tractortracks at the side if not the old track are cut open so people can use it.
[font=]
 

fernman

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #55 on: 09:31:02, 02/04/18 »
There are two problems with rights-of-way in woods and forests.
In ones near populated areas there are often many more paths on the ground than just the right-of-way, which makes finding the correct path difficult if you are not familiar with the wood.
In  conifer forests in remote parts (they are planted in the UK, Kim, they are not natural) lack of management often means that rights-of-way become blocked by self-seeded young trees growing up on the path, or by the lower branches of mature trees growing across the paths to the point that they are touching each other.

On agricultural land, two footpaths stand out from a walk I did in Hertfordshire a week and a half ago.
One crossed a vast prairie-like field on convex land. It had been ploughed some time ago and there were few marks on the ground to follow. I simply set off in the direction the fingerpost was pointing, too lazy to check with my compass. When I reached the brow of the rise and could see the post marking the exit on the far side, I was about 30 metres off course.
The other one crossed a ploughed field with a freshly emerging cereal crop about 15 cm  high. Here the farmer had deliberately gone back and forth with his tractor along the line of the footpath, leaving a pair of firm lines to follow.
 

Mel

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #56 on: 10:24:16, 02/04/18 »
So here’s something to ponder on…  Screenshot of my walk yesterday.  I was following the waymarkers on the ground….but they don’t match up with what’s on the map.
Was I trespassing?


Slogger

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #57 on: 20:24:16, 02/04/18 »
During Offa's Dyke last September the route cut right through a field of above head height corn, like going through jungle. There was a sort of path through it around a foot or so wide.

Maggot

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #58 on: 22:43:06, 02/04/18 »
So here’s something to ponder on…  Screenshot of my walk yesterday.  I was following the waymarkers on the ground….but they don’t match up with what’s on the map.
Was I trespassing?



I don't think you were trespassing, but looking at the route you took you may have been drunk  :D

jimbob

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Re: Footpaths - are farmers allowed to plough them up?
« Reply #59 on: 23:20:57, 02/04/18 »
What did you use to track your walk? I am sure Sussamb will be able to explain this better than me, but I think it could have something to do with how often your software records a spot and then  at the end it draws straight lines between all the spots recorded. Or maybe not.

See Mel, even you have found something on a resurrected theme that interests you.

Too little, too late, too bad......

 

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