Picture a sunny day somewhere in the countryside, with sheep and cattle grazing in green pastures. Just the kind of scene to encourage you out onto the network of footpaths, bridleways and byways that span the county. Walkers, cyclists and riders expect to find their way unobstructed. However, landowners and farmers expect to keep their livestock from straying. So what does the law say about the erection of stiles, barriers and other structures on rights of way?

If a stile or gate is not recorded on the definitive statement, and has not been authorised by the highway authority, it is regarded as an unlawful obstruction.

Where the structure prevents the ingress or egress (passage in or out) of animals on land used or being brought into use for agriculture or forestry, the occupier may apply to the highway authority for authorisation under the Highways Act 1980 Section 147. The highway authority can specify conditions such as the size and type of structure, while responsibility for maintenance lies with the occupier of the land. There is no appeal against an authority's refusal to grant authorisation or the imposition of conditions.

The highway authority itself may also provide and maintain a barrier, rail or fence on a right of way to safeguard users, or to prevent unauthorised use eg: motorcyles on a footpath. However, such an obstruction must not interfere with private rights or agricultural use.

Most highway authorities aim to provide easy access for all to the rights of way network wherever this is possible. Stiles, gates and barriers are often removed when no longer required, and each new application to erect a structure seeks to provide the minimum obstruction to the path while meeting the needs of the occupier.

For further information about the authorisation of stiles, gates, barriers or other structures on rights of way contact your local authority's Rights of Way Office.

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