Shropshire Farming Talk: To roam or not to roam?

The term ‘the right to roam’ does not apply to all agricultural land. The public have the right to roam on certain land such as open or common land, however the public do not have the automatic right to roam across all types of agricultural land and access is limited to public footpaths and bridleways. Landowners should be fully aware of public footpaths located on their land and details of all public footpaths can be found on the Definitive Map which can be found on the Local Authority’s website. Most public footpaths are clearly sign posted and there should be no uncertainty as to the exact location of the footpaths. 

There are certain rules that the landowner must adhere to. The landowner must ensure that there are no restrictions on the footpath and that the public can use the footpath freely without obstruction. The footpath must be free from overgrowth and should not be ploughed. Land on which there is a public footpath cannot have certain breeds of cattle eg, some breeds of bulls over 10 months old cannot graze on the land and certain other breeds must be accompanied with breeding cattle such as cows or heifers. Clear and visible signs must be in place to warn users of the public footpath of potential hazards

The best way to ensure compliance is for the landowner to place clear, visible signs along the footpath to make it very clear the location of the public footpath and the location of private land which is not freely open to the public. Adhering to the above is imperative as a landowner could be prosecuted for not complying with these rules. During certain times of the year e.g. lambing season, a landowner has the right to restrict access onto his land for up to 28 days a year to ensure the wellbeing of the livestock and to avoid the risk of livestock being disturbed, however you should notify your Local Authority before doing so and provide the dates when access will be restricted. 

There are also certain rules that the public must adhere to. In accordance with the Countryside Code of Conduct, the public must ensure that there is no damage caused to the land, fences, and hedges and should always keep to the footpath and not stray beyond the public footpath. The public should ensure that dogs are always kept under control and do not stray beyond the footpath. The guidance is that dogs should be always kept on a lead if there are livestock in the field and ensure that gates are always kept closed and that rubbish is not left on the footpaths.

The rules are very clear and appropriate. It is important that the public feel able to use the public footpaths freely and enjoy the countryside but at the same time respect the land and appreciate that the land is an integral part of the landowner’s business.