1. Managing public rights of way
Public footpaths, bridleways and byways often cross or run alongside productive farmland. During harvest, this creates tension between public access rights and the need to move heavy machinery or gather in valuable crops.
What you can do
- Permissive paths: These allow you to temporarily divert the official route, typically elsewhere within your land. Applying for a temporary agreement with the local authority before moving the route is the best way to protect your wider interests.
- Warning signs: You can erect polite, factual signs alerting the public to farm activity or hazards (e.g. “Harvest in progress – please keep to the path”).
- Obstructions: It's illegal to block a public right of way, even during harvest. However, if there's a legitimate safety risk, speak to your solicitor about temporary risk mitigation.
If a path is incorrectly recorded or its route is unclear, you may have grounds to apply for a Definitive Map Modification Order (DMMO) or path diversion/extinguishment.
2. Protecting your farm machinery
Large combines, tractors and trailers are in use from dawn till dusk, often in areas close to public paths. Your responsibilities include:
- Ensure machinery crossing public paths does so safely and legally, with due care to avoid injury.
- If you’re working in areas where the public may wander off the path, consider fencing off working zones or using signs to direct people away from danger.
3. Dealing with dogs and livestock during harvest
Dog walkers on rights of way through arable or mixed farmland can cause real issues during harvest. Dogs running off lead may damage crops or disturb livestock..
Your rights as a farmer:
- You can insist that dogs be kept on leads and do not stray from the official route, especially near livestock, but public rights of way can’t generally be closed just to avoid dog access.
- If crops are damaged or livestock is worried, you may be able to pursue a civil claim for trespass or nuisance, depending on the circumstances.
4. Fly tipping and Summer trespass
Harvest season often coincides with a spike in fly-tipping, unauthorised gatherings, and anti-social use of rural land.
What you can do:
- Report fly-tipping immediately to your local authority or the Environment Agency.
- For repeat trespassers or groups accessing land illegally (e.g. wild campers, scramblers), you may need to serve formal notices or seek an injunction.
- You may also wish to make a landowner deposit under Section 31(6) of the Highways Act 1980 to help prevent the creation of new rights of way over your land due to repeated use.
5. Planning ahead: safeguarding your boundaries
If you want to prevent the creation of new rights of way on your land in future (particularly over farm tracks or informal access points), now is a good time to:
- Submit a landowner statement under the Highways Act 1980 and/or Commons Act 2006.
- Review your access maps and challenge any unrecorded or incorrectly used paths.
- Seek legal advice on current and historic use by the public of any existing rights of way or other land, that could lead to a claim of a new right of way by prescription.
At Thrings, we understand the realities of farming life and the legal pressure points that come with it. We’re proud to act as NFU panel solicitors and support farmers across the UK in protecting their land and livelihood.
If you need legal advice on agriculture and rural matters, contact our specialist Agriculture team now.
