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Rights of way and nettles - SM (22nd May 2014 - 16:06:24) Does anyone know who is responsible for keeping rights of way in Liphook clear so they are walkable? Is it the landowner, the parish council or me as I'm walking? I went for a walk with the dog down the path by the church center today and lost the battle between me and the nettles. PS.I picked up the dog poo!

Re: Rights of way and nettles - Jay W (22nd May 2014 - 16:46:17) I'm guessing it's us as the walkers. I think the land owners just need to make sure there is nothing dangerous but I'm sure someone will correct me if I am wrong. I'd like to know what you are supposed to do when a public footpath goes diagonally across a field and the landowner plants it all up. Do you walk through the crops regardless (which seems harsh) or do you have to skirt around the edge of the field (which is a pain particularly as there seems to be broken crockery/glass in the soil)? I have in mind a particular field where the path comes out half way up Hill House Hill.

Re: Rights of way and nettles - ellie (22nd May 2014 - 17:33:02) If it is has a sign saying public footpath or public bridleway and there is obstruction on the path itself then it is the county council highways dept. Overhanging vegetation from either side is the landowner resposibility. Anything which does not saypublic footpath is usually the responsibilty of the landowner. There are many different types of rights of way.

Re: Rights of way and nettles - sjenner (22nd May 2014 - 20:12:31) It used to be the rule that as long as one person walks the footpath at least once per year, it remains a public footpath for the next year. Nowadays, the council is responsible for designating a footpath for as long as it sees fit. If the landowner fails to keep the path clear or blocks it deliberately then you are at liberty to complain to the council but also to take the safest and most convenient path next to it even if that means walking through the crop to do so. Harsh, no - the crop should not be on the footpath or it should be kept clear - end of argument. The fields on Hill House Hill have public footpaths on the right just before Dryden Way (but after Lowsley house) and another further up towards Bordon on the right. Both are often overgrown or covered in whatever crop is there. They are footpaths so they can be walked as such.

Re: Rights of way and nettles - Dee K (22nd May 2014 - 22:00:40) A couple of walks over the same path in Wellies seem to do the trick l find .

Re: Rights of way and nettles - ellie (22nd May 2014 - 23:49:04) i do not think the person is correct that a path becomes public after one year. The county council have a list of numbered footpaths which are designated as public paths the rest would have a different designation and would only at best remain a private right of way unless adopted by the county council. As they then become responsible it is highly unlikely they would want a new path created, unless it is something such as theShipwrights way, and likely to be used by greater numbers of people. What the previous poster is thinking of is called the right of prescription, but it comes into play after 20 years and not after one year, and one still requires the permission of the landowner to cross the land, otherwise it is trespass. The County Council only have to ensure the public paths are not obstructed by fallen trees or by someone having obstructed the path deliberately. They do not have to ensure they are free of nettles. The more walkers who walk a path means nettles are trodden down year after year and unlikely to grow.

Re: Rights of way and nettles - P Weyland (23rd May 2014 - 09:11:31) The below document is worth a read as it outlines the responsibilities of land owners in regards to rights of way. www.naturalengland.org.uk/ourwork/access/...

Re: Rights of way and nettles - Jamesp (23rd May 2014 - 13:24:59) That path across the field to Hill House Hill used to be my route to and from school every day. Sometimes the farmer would create an unplanted path across it while I also remember being asked to walk around the edge when other crops were in the field.

Re: Rights of way and nettles - Paula (23rd May 2014 - 23:31:25) Speak to the Rights of Way Officer at Hampshire County Council. The landowner must Keep back side growth and overhanging vegetation which may be encroaching onto the path Refrain from obstructing rights of way Refrain from ploughing a footpath or bridleway which constitutes the headland of a field, or runs alongside a hedgerow. Ensure that paths across fields are reinstated two weeks after ploughing and making sure that the line of a right of way is clear through crops Obtain the consent of the County Council before erecting new stiles or gates on rights of way and ensuring that all are kept in a safe and usable condition and replaced when necessary Not allow any dairy bull over ten months of age free range of any field through which a footpath or bridleway passes. The landowner may Provide for improved access for dogs Protect land against the acquisition of further public rights on their land With our prior consent, improve the surface of the right of way beyond the standard required for its status (for example surfacing a footpath that also serves as a driveway)

Re: Rights of way and nettles - Jay W (24th May 2014 - 09:58:32) Thanks for all of the information. I won't feel so worried about being challenged in future. Yes Jamesp that is exactly the field in question. My father also used it for the school run and he is now 80. It has fairly new footpath signs too at Bramshott Vale end. Unfortunately nettles and brambles are so persistent it takes more than just me and my wellies to keep them down. They seem to spring back up overnight.!

Re: Rights of way and nettles - ellie (24th May 2014 - 10:39:14) hi there the farmer must recognise it as a proper right of way otherwise he surely would have put a sign up saying "no public right of way" I know i would ! i even come across these signs where a right of way has exsisted previously and unfortunately, it is not always the landowner who has. put up the sign but a householder who has claimed it as their garden. I am thinking of some Mod land near to me.

Re: Rights of way and nettles - Jay W (24th May 2014 - 18:45:35) Oh absolutely the farmer knows it is a public footpath, the signs at both diagonal corners of the field are more than clear and why else would there be a stile in the hedgerow on Hill House Hill? I thought I would give it another try today but the crops (barley? wheat?) have now grown so high it is not possible to tread them down and the planting is so close to the edges of the field there is no longer room to walk round. Only way through was to zig zag and follow random plough lines where the crops were lower. I'm sure there are other fields the same and although I may be wrong, can't help but feel the landowner would rather there wasn't a footpath and hopes if it is made difficult for walkers they may give up their rights. On another note, can anyone recommend wellies that aren't too heavy to walk in but don't split after 3 months or so tramping the nettles?!

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