Bridleways and the Law
In the interests of all riders it is worth going out of your way to be pleasant to farmers, taking every opportunity to thank them for a good bit of bridleway on their land. Their attitude is crucial to the future of the bridleway network.
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Responsibilities for bridleway maintenance
Landowners
are responsible for:
maintaining fences, gates and bridges over man-made obstacles such as ditches
reinstating cross-field bridleways within two weeks of cultivating
making sure electric fences have safe crossing points
cutting back hedges etc. which might obstruct bridleway.
Landowners are Not entitled to interfere with the surface of a bridleway in any way without consent. Slippery concrete/tarmac or any other unsuitable surface or patching should not be permitted.
Landowners are not entitled to install any additional structures (including new fences, or electric fencing) across rights of way without first obtaining the written consent of the highway authority. Landowners would be entirely responsible for any accidents which may occur due to unauthorised structures. Any fencing alongside a right of way which makes the route too narrow or unsafe could also be considered to be an obstruction
The
County Council is responsible for:
resolving problems on rights of way
maintaining surfaces (including vegetation)
maintaining bridges over natural obstacles (eg. rivers and streams)
waymarking where route is not clear
removing, or requiring removal of obstacles.
Defra Guidance to Local Authorities gives much detail on Law
Rights of Way Good Practice Guide by Herts. C.C. is an excellent document by a council that appears to want to do its best, unlike a certain one. Full of useful info and good advice, including how to take ESCC to court with an s56 notice.
Download this s56 form. The first stage in taking ESCC to court to repair a path.
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A bridleway is a "highway over which the public have . . . right of way on horseback or leading a horse". Your right of way, however, consists only of "passing and re-passing on your lawful occasions". The surface needs only to be passable - so it may not be up to much.
Cyclists also have the right to use bridleways. Permissive bridleways, like toll-rides, are where a landowner has given special permission for customers to ride on private tracks across his land, in which case he has the right to apply special conditions and charges. A landowner can allow a footpath to be used as a bridleway if he so wishes.
There is no standard width for a bridleway - and, in practice, what you actually get depends on the specific circumstances of the route. Our green lanes the width is usually hedge to hedge so report any paths that have been illegally narrowed. You can usually (but not always) expect them to be at least wide enough to to allow two riders to pass in opposite directions (ie. "passing and re-passing on your lawful occasions"). Where bridleways are subject to cultivation, the Rights of Way Act 1990 usually requires a minimum width of 2 metres across a field and 3 metres along a field edge. If a bridleway is to be newly fenced this should be at a minimum of 4m wide.
Farmers should not disturb the surface of field edge paths. Any bridleway across a field that is ploughed up is supposed to be restored within two weeks so that it is fit for horses to ride and its line is clear to see. If a bridleway crosses a cultivated field that has not been reinstated either stick to the true bridleway and ride in single file even if it goes through crops, or if the farmer has left an obvious verge round the edge, it would be considerate of you to take it though it would be at your own risk. (We do need the goodwill of the farmers so no point being bloody-minded about temporary diversions)
It is illegal to obstruct a bridleway (eg. by locking a gate on it or fencing across it), and some kinds of crop can also obstruct a bridleway (eg. mature oil-seed rape is virtually impassable unless there is a track).. If you do come across an obstruction, first double-check that you are on the correct legal route of the bridleway. If you are, then you are entitled to try to remove the obstruction - though not so as to cause damage (eg. by allowing stock to escape). If it's an electric fence, you should replace it. Failing that, you may leave the bridleway to find a way round the obstruction with as little disturbance as possible. You are supposed to stay on land under the same ownership, but of course you are unlikely to know who owns what. In any case, take great care not to damage property, especially off the right of way
If you come across any kind of obstruction please inform the Rights of Way team at East Sussex County Council, the BHS Bridleways Officer, and bridlewayaction.com giving a precise description of the location, preferably with a 6 figure grid reference and a photo. Definitive Map bridleway numbers are on our site. If you know the landowner it would of course be better to have a polite word with him first. Overgrown bridleways and bad surfaces should be reported. Bridleways are meant to be clear of overhand up to 12 feet, of suitable width, and the surface 'passable'.
Bridleways should be properly waymarked so that anyone unfamiliar with the route can follow it. Some bridleways are confusingly given footpath signs. This is usually because the pressure for waymarking has come from walkers. There is no legal speed limit on bridleways - but you should try not to churn up the ground, and you must not disturb or endanger stock or other path users. On our weald clay it would help if you could keep off some paths in wet conditions or you will make them useless come summer.
Finally, give praise where it is due. Make a point of thanking a landowner who has taken the trouble to maintain a path for us. The Council's RoW teams are doing their best with a pathetically small budget even though badgered by the ramblers to spend a disproportionate amount of it on footpaths.