Farmers and landowners are being advised to protect themselves from unwanted public rights of way being created amid a rise in the number of walkers.
The Covid-19 pandemic and the resulting lockdown period has resulted in an increasing number of people venturing into the countryside.
But farmers are now being urged by property consultancy Fisher German to protect their interests amid this boom in walking, and consequently, trespassing.
Even if landowners currently see no harm, not protecting their assets may result in rights of way being created and losing control of land in the future.
Public footpaths and bridleways can be created by people walking or riding across otherwise private land for a long time, usually in excess of 20 years.
Once created, it can then become difficult to remove or alter the route of it, even when landowners are able to produce evidence that they have prevented people from using a path, for instance by challenging users or erecting signage.
Molly Dickson, of Fisher German, said an increasing number of farmers and landowners had contacted the firm over the issue during the last few months.
“While farmers may currently see no harm in people walking across their land, this could result in a public right of way being created through long-term use.
“This can have a negative impact on property values and cause damage to crops and livestock, and access may be of particular concern if the landowner has aspirations for an alternative use of the land in the future."
Fisher German is advising landowners to gain expert advice on ways to protect themselves, including making a ‘deposit’ under Section 31(6) of the Highways Act 1980.
Although this measure does not necessarily mean that the owner is planning to stop public access, it does protect them against public rights of way being created over land through long-term usage.
“Lodging a deposit under the Act is one way for landowners to protect themselves, and although it doesn’t always mean that the owner is planning to stop public access, it is a way to protect themselves," Ms Dickson said.
“It does not affect those rights of way already in place and accrued, but it does stop the clock on new ones being acquired.
“It is important that landowners seek the appropriate advice on how to lodge a deposit, including the application and renewals process, and other ways to help protect their assets.”
