# Public footpath through field, advice needed please!!?



## Starsy (11 November 2006)

There is a footpath running through the field I keep my ponies in, and the National Parks have had a complaint from some people that were on holiday saying the ponies chased their dogs. 

 I have a pretty good idea who complained as I was there at the time (long story) but basically the dogs weren't chased, but one of the women was horse-phobic and had a screaming fit when my 14hh pony sniffed at the dogs, (screaming 'I'm scared of horses' at the top of her vioce) but I was in the middle of a lesson with the other horse and my instructor was very short with them.  I knew they were cross as I could hear them chuntering to each other across the rest of the field -entirely unimpeded - and now they've written to the National Park and complained and they want me to fence off the top part of the field that the footpath runs through, which would make life much less pleasant for the ponies as they go up the top to get out of the sun, flies etc (in the summer anyway).  My landlord has given me the phone no of the park ranger and told me to ring him.

Neither of my two bite/kick etc although one of them is very friendly towards people.  There have been no other complaints, just these cross women who wanted me to help them by calling the pony, which I couldn't do as my instructor wouldn't let me stop anyway and had no patience with them at all, sigh.  He did say afterwards that he was sorry he'd been rude to them, but it was too late then, they'd long gone 
	
	
		
		
	


	





What rights do I have - I need to know where I stand before I have a conversation with the Park chap, I really don't want the ponies to be restricted to the bottom of the field, and it doesn't seem fair to me when they've done no harm to anyone.

Can anyone clarify this for me? and thanks for reading.


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## Tia (11 November 2006)

This link should help you.  As far as I can see providing your horses were not a problem to people then, as adults, they took the risk of walking their dog through the field which contained horses.

Your horses, by chasing the dogs, did not act in an unusual manner for their species therefore they are not at fault.

The liability if anything had happened to the dogs would clearly rest on the shoulders of the dog owners and not you the horse owner.

I suppose you could ask the warden if it might be useful to place a sign telling walkers that horses are inquisitive creatures - but then I don't know about the sign because it then almost appears as if you are taking responsibility for any liability issues?

I had a public footpaths running across a couple of my fields in England and one of my horses used to go for strange dogs so I just fenced the whole length of the field to create safe passage for walkers and their dogs.

http://www.openaccess.gov.uk/wps/portal/lm/liability


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## RunToEarth (11 November 2006)

We have many public footpaths running through our fields and had a case a few years ago where a couple had complained about their dog being chased by some of our young and excitable cows 
	
	
		
		
	


	




You shouldn't have to move them unless they are harmful to other people, and you shouldn't have to sign anything unless there is a bull in the field, then signs should be put on relavant gates.


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## Starsy (11 November 2006)

Thanks Tia and Rosie, sounds like I've nothing to worry about, maybe the Park Ranger is trying to get the path fenced as my landlord had no ideas of his rights (I shall illuminate him forthwith, lol!!!)

Apparently the landlord has been promised a new stile and gate, which is maybe why he's so keen on agreeing with everything said by the National Parks.


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## Chex (11 November 2006)

I was under the impression that if you chose to take dogs through a field of livestock, you did so at your own ring. Although not sure how that fits in with a public footpath.


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## flyingfeet (11 November 2006)

We electric fence our footpaths - is that an option?


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## teapot (11 November 2006)

There is a footpath running through the top fields at yard. During the winter they're rested anyway and during the summer - most people tend to keep dogs on leads anyway.

And plus ponies don't take any notice. 

I think regarding dogs - it's do it at your own risk, try not to disturb livestock - do horses come under livestock or not?


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## Starsy (13 November 2006)

The landlord, who doesn't like hassle, and has also been sweetened up by the park ranger with offers of new stiles and gates, has mentioned taping it off, says it's not his idea but I'm not sure.  It would take a lot of the best parts of the field for shelter away from them, which is what I'm most bothered about.

Think I'll hope it blows over!!  Thanks for the replies and links, at least I know my 'rights' now!


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## PeterNatt (13 November 2006)

It is the dog owners responsibility to keep the dogs under control.  i.e. on a lead when walking them along a public right of way be it a Public Footpath, Bridleway, RUPP or BOAT.
In many areas stiles are being replaced by gates to comply with European legislation regarding access for the disabled.  This means that livestock friendly kissing time gates have to be fitted to prevent livestock from escaping.

However there may be an advantage of fencing the public fottpath in as much as you could use equi-fencing which would prevent dogs from straying from the path into your fields.

Electric fencing can not be used within a specified distance from a public footpath gate or within two metres of the public right of way.  If used at the approved distance then yellow warning signs must be fitted.


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