Naturenet: Intimidation
Intimidation
Sometimes landowners do things to persuade people not to use rights of way.
Sometimes these are illegal. If you encounter this problem advise your local
rights of way office.
If there's a bull in a field, watch out. In fact, if there's any animal in
a field, be careful, as even common cattle can cause serious injury or death
if they get going. Dogs, especially, can be problematic, so take care when
near farm animals with your dog or without. However, the law also has a few
things to say about animals in such situations, and this page will explain
some of them.
Occupiers may not, subject to certain important exceptions,
keep bulls in fields crossed by public rights of way. The exceptions are
bulls not more than 10 months old, or bulls which are not of a recognised
dairy breed (currently defined as Ayrshire, British Friesian, British Holstein,
Dairy Shorthorn, Guernsey, Jersey and Kerry) and are accompanied by cows
and heifers. In practice, it may be difficult for a user to know whether
bulls will be likely to be dangerous or not, and farmers are asked, wherever
possible, not to keep any bulls in fields crossed by rights of way. Sometimes,
temporary electric fencing (suitably insulated at public crossing points)
can segregate the public from the bulls. Such fencing would normally require
authorisation from the local Highway Authority.
A landowner may not erect misleading signs likely to deter people from using
a right of way. For example, a sign 'Private Road' placed on a track which
is also a byway would be a misleading sign. A sign 'Bull in field' when there
was not a bull in the field could also be misleading.
A landowner may not prevent the public from using a right of way by telling
them to leave, threatening them, keeping a fierce dog having access on to
land crossed by a right of way, or by any other form of intimidation or harassment.
A barbed wire or electric fence or exposed barbed wire erected across a public
right of way without an adequate means of crossing is an offence under the
Highways Act 1980. If the fence is necessary for agriculture a suitable crossing
point for path users must be provided, this will require authorisation from
the local Highway Authority.
Where a barbed wire or electric fence is situated alongside a right of way
it may be a danger or nuisance to path users. It is not illegal to put barbed
wire alongside a path but most local highway authorities have a policy on how
they expect landowners to use barbed wire alongside rights of way. if you think
that barbed wire is close enough to a right of way to be a nuisance you should
tell your local rights of way office and see if they agree.
See also
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