Business Clinic: What can we do about damage to footpaths?

Whether you have a legal, tax, insurance, management or land issue, Farmers Weekly’s Business Clinic experts can help.

Richie Rees, specialist in public rights of way disputes at law firm Thrings, advises on footpath use and damage.

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Q: Every year a local running club (a business) organises a paid 10km race. The route includes a public footpath that runs through our land.

Last year, about 250 people took part. The problem is that the runners stray off the public footpath onto our land along the verges and cause a lot of damage to verges we had been maintaining. What can we do?

A: A public right of way (PRoW) gives the public the right to use the highway, whether that be footpaths, bridleways or routes open to all kinds of traffic.

The actual use allowed will depend on the type of PRoW. In your specific case, the public footpath allows the public access “by foot” and will therefore cover the right to run on it whether they are taking part in a race or not.

Landowners are required to keep rights of way open and useable, so any attempt to obstruct or restrict the use of the footpath may be an offence.

The only restriction on a PRoW is that it will be limited by physical width. Therefore, you will need to investigate the width of your specific footpath.

Care with fencing option

You have the right to fence the perimeter, however, you must be careful not to fence land that is part of the PRoW and narrow the width of the footpath, as this will result in you committing an offence.

Depending on how long the footpath is and the use of the field, fencing may not be commercially viable.

It may also be worth checking that the definitive map and other maps show the correct footpath location for walkers.

Possibility of claim

If people stray from the outlined footpath, then this may be trespass.

Trespass is a civil wrong (ie, not criminal) that could give rise to a civil claim for damages (a monetary payment for loss suffered) or an injunction (an order prohibiting certain actions) either against the business itself or persons unknown.

The default position is that an injunction will be granted only where damages are not an adequate remedy.

Assuming there is a claim for damages, if you can show that the runners are agents of the business, then the business may be liable for their actions.

Any legal case against the running club itself will depend on the loss suffered and the evidence available.

The limited facts mean I cannot comment on the prospects of a claim. If the runners cause damage to your land again this year, you may require legal advice on any claim.

In the short term, to prevent damage, you could approach the running club to ask that:

• They erect and remove temporary fencing around the footpath for the race at their own cost
• Starts are staggered to avoid large groups
• Runners are briefed on the correct path
• Race stewards monitor the runners and footpath; and/or
• Organisers check the route afterwards for litter and damage.

It would be wise to take pictures of the footpath prior to the event, and further photos afterwards to evidence any damage. If possible, be present to watch the runners.

You could also consider approaching your council to check if any limits should be put on the race in the future.

The council may be interested in safeguarding the footpath, preventing danger to the public, and finding a compromise to protect the interests of the running club and the public.

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