3rd March 2021
A pair of siblings own a farm which is situated next to a river and a country park. A footpath runs through one of the fields.
As a result of the public’s use of the footpath – which is permitted - erosion damage has started to occur. Meanwhile, signage has been ignored (and on occasions, vandalised) while the siblings’ attempts to engage and educate members of the public about their rights have also not been well received. On account of this being a civil matter, the police are unable to intervene.
With the public’s use of the footpath impacting on the siblings’ livelihood, what action can they take?
Writing for Farmers Weekly’s Business Clinic, chartered legal executive Richie Rees discusses trespass to land injunctions, local authority-backed footpath closures and whether the age-old notion of “once a highway, always a highway” still stands.
Click here to read the full article in Farmers Weekly.