As we saw in the COVID lockdowns when rural footpaths saw a much higher volume of traffic, what used to be single-track footpaths soon encroached into the field, causing damage to crops the public had no right to pass over. With a clearly-marked route, all we can do is hope the public use their common sense and enjoy the countryside responsibly with the footpaths landowners provide.
Where a footpath follows a headland or hedge, the same requirement for it to be clearly marked also applies. There is the additional lawful requirement, not to plough or cultivate the footpath, and ensure a reasonably level and firm surface. Along headlands the responsibility of cutting back ground vegetation lies with the local authority, although in practice, this is unlikely to take place.
When can a PROW be declared over your land?
For a PROW to be prescribed, the public must have used the path for at least a period of 20 years, where no physical boundaries have to be crossed, have been removed or have been taken down.
The users of a path which is not a PROW must have not used it in secrecy or with permission from the landowner.
There are methods to prevent or deter the public from making their own path, and prevent the ability for a PROW to be declared over your land. This could include:
- Clear signage within your land ownership boundary that this is “Private Land” and that the public has no right of access over it
- Reinstating boundaries to physically keep the public off land where they have no right of way. This would be done at the cost of the landowner, however there may be grants or subsidies available (which should be made the most of).
