Farming and public rights of way: crops and ploughing

It is a legal requirement under the Highways Act 1980 (external website) that if a crop, other than grass, has been planted or sown on land which is crossed by a public right of way, the landowner must ensure that the line of the public right of way on the ground is kept clear.

The crop must not cover, encroach or overhang on to the public right of way throughout the whole of the growing season. If a footpath or bridleway has to be ploughed as it is inconvenient to avoid doing so, it must be reinstated, otherwise the landowner has committed a criminal offence under the Highways Act 1980. To reinstate a public right of way involves marking the path on the ground to the minimum required width, as well as making the surface reasonably convenient for public use.

The minimum widths that should be left unploughed for field-edge paths are as follows:

• footpath: 1.5 metres
• bridleway: 3 metres
• restricted byway: 3 metres
• byway: 3 metres

The minimum widths that need be re-instated for cross-field paths, after ploughing, are as follows:

• footpath: 1 metre
• bridleway: 2 metres
• restricted byway: 3 metres
• byway: 3 metres