Trespassing and public footpaths list high on farmers' safety concerns
Worries about trespass and public rights of way are the most common health and safety concerns raised by farmers according to rural insurer Cornish Mutual.
The South West insurance company compiled a list of the most commonly asked questions put to their experts over the year, and by far the biggest concern was how farmers manage the public on their land.
Arthur Denton, Member Services Advisor, for Cornish Mutual, said the events had been a huge success and raised a number of concerns that affect those in agricultural communities throughout the areas the insurer covers: Cornwall, Devon, Somerset and Dorset.
Mr Denton said: “It was clear to us from very early on that Members and non-Members attending our events needed clarification on the law surrounding the rights of the land owner when it comes to the public, so we were talking about Rights of Way and trespass at every event.
“Farmers want to make sure that they are acting in the most responsible way, so that they can run their business properly and that the public can access the land safely and legally. We were delighted to be able to share our expert knowledge with farmers and land owners who were unsure about what they are and are not allowed to do on their own land. Hopefully releasing the eight most frequently asked questions will be helpful to others.”
Cornish Mutual's quick guide
Q: What if someone strays from the path on a Right of Way?
A: Once a person strays from the Right of Way they usually become a trespasser and you normally have the right to ask them to return to the Right of Way, or to leave your land. Also, a Right of Way is not a Right to Stay!
Q: Can I erect a gate to stop people from entering my land?
A: Yes. So long as you are not blocking or hindering the entrance to a Public Right of Way and subject to any local planning permissions that you may require.
Q: What if someone falls down a cattle grid?
A: It would depend on the level of the duty of care, however if you have a warning sign highlighting the danger then you may absolve yourself of any liability if the other person decides to take the risk and cross the cattle grid
Q: How can we protect people who are careless?
A: The answer to this question is that you can’t completely! You must, however, ensure that your land is made as free as possible from all obvious hazards and then any risk (that is willingly accepted by any person) that the person takes which causes them damage or injury maybe at their own risk.
Q: Can the Local Authority just erect stiles on my land?
A: If the stile is erected on a Right of Way the local authority can. The Right of Way remains part of the “Queens Highway”.
