My local walk has been ruined recently. Families from the area used to cross the top of a farmer’s field with permitted right of way, but now he has erected a fence – which is so close to the boundary that we can only walk in single file.
Do we have any rights?
S.H., Kent.
Ramble row: A reader is dismayed after a local farmer put up a fence alongside a right of way path on their favourite walking route (file picture)
Dean Dunham replies: A ‘right of way’ is a legal right to pass over someone else’s property – here, a farmer’s field – usually recorded on what is known as a ‘definitive map’.
In some instances, the definitive map and accompanying statement may record additional information about a right of way, including its width. However, this is not always the case.
If the width is not recorded on the definitive map and there is no other evidence regarding the width of the route, the right of way needs to be sufficiently wide for two users to pass safely.
On a footpath, this will be based on walkers, whereas on a bridleway this needs to take account of horses passing.
Minimum widths are specified for certain circumstances, such as reinstatement after ploughing, and these can give a rough idea of what the minimum that is likely to be considered reasonable.
These widths are 1m (3ft 2in) for a cross-field footpath; 1.5m (4ft 9in) for a field edge path; 2m (6ft 5in) for a cross-field bridleway; and 3m (9ft 8in) for any other route.
Any restriction placed on the legal width of a public right of way, such as the farmer erecting a fence, as you have described, is an illegal obstruction and must be removed.
You now need to measure the width of the path to ensure that it is at least the minimum width set out above.
If it is not, the fencing will be regarded as an obstruction and the farmer will legally have to remove it.
Public rights of way are typically enforced by local highway authorities, which are usually county councils or national park authorities.
These authorities have statutory duties to record, maintain, and protect public rights of way to ensure they remain open and accessible for public use.
Who nabbed my £100 cash from my handbag?
I left my handbag by mistake in a shop and returned to find it had been given in to staff and put behind the till.
My credit cards were still in my purse but £100 in cash had gone. Is there anything I can do?
H.W., via email.
Dean Dunham replies: At the point you left your handbag in the shop, and up until it was handed over to a member of staff, the shop owners had no responsibility for it.
This is because, at this point, the shop had not agreed to take responsibility for your belongings.
However, at the moment your bag was handed over, then that was when the shop agreed to take it into its possession.
In these circumstances, the general rule is that it had an obligation to take reasonable care of it.
So the question here is at what point was the £100 stolen or mislaid?
If it was prior to your bag being handed in at the till, the shop will have no liability, but if it was after, the shop could be held liable, unless it can show that it took steps to take ‘reasonable’ care of the bag – which probably means putting it in a safe place.
Your next step will therefore be to ask the shop if it has CCTV footage that might help identify what happened and when.
If you cannot obtain evidence to answer this question you will have nowhere to turn, as you will not be able to force the shop to reimburse you.
However, you could, of course, ask the shop management if it will reimburse you, in part or in full, as your request may be met with a favourable response.
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