Walking and Public rights of way

Responsibilities in relation to rights of way

The overall management of a rights of way network is the responsibility of Solihull MBC as Highways Authority for the area. In addition to the responsibilities of the Council, landowners and users of the network also have responsibilities in relation to the network and are an important element in ensuring that the network remains open and accessible.

Outlined below is a list of the main responsibilities of:

• A Highways Authority
• Occupiers
• Users of public Rights of Way

Anchor Point:highwayHighway Authorities should

• maintain the surface of highways, and control vegetation (other than crops) on the surface of field-edge paths and those enclosed by hedges, fences or walls and on set-aside land;
• maintain bridges over natural water courses including farm ditches (if the ditch was there when the path was first recorded);
• provide signposts where rights of way leave metalled roads (highway authorities may also way mark rights of way, after consulting the landowner);
• assert and protect the public's rights to use public rights of way;
• secure the removal of obstructions including those due to damage to the surface;
• ensure that there are no intimidating notices that deter the public from using paths shown on the definitive map, and prosecute anyone who displays such notices;
• take action, in default where necessary, to ensure that the duties of others are carried out;
• provide a minimum 25 per cent contribution towards any costs incurred by a landowner in maintaining stiles or gates on public rights of way.

Anchor Point:occupiersOccupiers should

• keep rights of way clear of any obstructions, such as padlocked gates, rubbish, barbed wire, slurry, manure, electric fences, hedgerows and chained or loose dogs, and warn users of potential dangers (e.g. slurry lagoons, cliffs) near rights of way;
• cut back vegetation encroaching from the sides (but not the surface), and above, so that it does not inconvenience the public or prevent the line of the right of way being apparent on the ground. (On bridleways, horse-riders should be allowed 3 meters (10 feet) of headroom);
• keep paths clear of crops (other than hay and silage) to ensure that they do not inconvenience users;
• ensure that stiles and gates on rights of way are maintained in good order: a minimum contribution of 25 per cent of the cost of any works may be claimed by the occupier from the highway authority (some authorities provide materials, for example stile kits, and others may carry out the work themselves);
• provide adequate bridges where, with the permission of the highway authority, new ditches are made or existing ones widened; ensure that cross-field footpaths and bridleways are cultivated (ie ploughed or disturbed) only when it is not convenient to avoid them;
• ensure that field-edge footpaths and bridleways and all byways open to all traffic, roads used as public paths and unsurfaced public roads are never cultivated;
• where the cultivation of a cross-field footpath or bridleway cannot be conveniently avoided, ensure that its surface is made good to at least the minimum width, so that it is reasonably convenient to use, within 14 days of first being cultivated for that crop, or within 24 hours of any subsequent cultivation (unless a longer period has been agreed in advance in writing by the highway authority);
• ensure that paths over cultivated land remain apparent on the ground, to at least the minimum width, at all times and are not obstructed by crops;
• ensure that bulls are not kept in a field crossed by a path unless they do not exceed 10 months old or are both not of a recognised dairy breed and are accompanied by cows or heifers;
• ensure that any warning notices are displayed only when a bull is present in a field;
• never keep an animal known to be aggressive (including any bull of whatever breed) in a field to which the public has any access;
• waymark rights of way (where occupiers consider it necessary and desirable);
• ensure that no misleading signs are placed near rights of way that might discourage access: highway authorities have powers under Section 57 of the National Parks and Access to the Countryside Act 1949 to remove such signs.

Anchor Point:usersUsers Should

• Follow the Country Code
• Enjoy the countryside and respect its life and work.
• Guard against all risk of fire.
• Leave all gates as found.
• Keep your dogs under close control.
• Keep to public rights of way across farmland.
• Use gates and stiles to cross fences, hedges and walls.
• Leave livestock, crops and machinery alone.
• Take your litter home.
• Help to keep all water clean.
• Protect wildlife, plants and trees.
• Take special care on country roads.
• Make no unnecessary noise.