On Foot

On Foot RIGHTS OF WAY

Emma Tabor and Paul Newman

We’re taking a break from writing a walk this month as we plan for the rest of the year. It seems like a good time to reflect on the ground we’ve covered so far and some of the challenges we encounter as we write these walks. West Dorset has some fantastic and varied walking terrain and good routes along the South West Coast Path as well as other established trails such as the Monarch’s Way, Macmillan Way and Jubilee Trail. However, some less well-used paths can sometimes be difficult to make out so we thought it would be useful to share what you should do if faced with an unclear route or problem. For this, we’re referring to the Rights of Way leaflet produced by Dorset Council.

Each month we devise a walk from scratch. As we plan what we hope will make an interesting route, we try and anticipate if any path or route might be problematic. Working to a monthly schedule leaves little or no time to reconfigure the walk if it doesn’t work out as planned. So far, we’ve been fairly lucky, but one of the things that sometimes causes an issue is establishing the right of way. This can be caused by stiles in a poor state of repair or stiles that are overgrown, missing signage, electric fences, obstructions and re-routed paths. >

We use an up-to-date Ordnance Survey Explorer map but it is hard to gauge how difficult a path, or access, will be until we’re out on the route and writing the directions. There is a current Definitive Map for the County of Dorset with four categories of rights of way: Footpath, Bridleway, Byway and Restricted Byway. From the Rights of Way leaflet it’s worth noting that ‘the latest editions of Ordnance Survey maps…also show rights of way but such maps are not conclusive in law and may not show the latest amendments consequent upon revision of the Definitive Map.’

Here are the main problems we’ve encountered as listed in the Rights of Way guidance. It’s also important to mention that the leaflet guidance lists several other issues to consider such as obstructions, dog control and open access and addresses the responsibilities of the local authority, landowners and the public.

Stiles, gates and bridges Occasionally we’ll find a stile in a poor state of repair which can be difficult or unsafe to cross. The guidance states that ‘any stile, gate or similar structure across a footpath or bridleway must be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent the unreasonable interference with the rights of the person using the footpath or bridleway.’ It also says that ‘the owner, lessees or occupier of (land)… may apply to the Council for consent to erect stiles or gates on a footpath or bridleway to prevent livestock from straying.’ Any issues with bridges which carry a footpath or bridleway should be reported. In the majority of cases bridges are the responsibility of Dorset Council. Applications for new stiles are no longer accepted - existing ones can be repaired and the Council are proactively trying to replace stiles with gates to make the countryside more accessible to all users.

Signage Missing signage can also add to the confusion. On occasions when we’re heading across a field and looking for a sign to take us out of the field, clear signage is essential to prevent straying from the right of way, especially when the field has been ploughed and the pathway has temporarily disappeared. Signposts can decay, finger signs are snapped off or waymarker badges can fade. Where signage is missing, we try and ascertain the route by looking for other indications that the path is going where we think it should - sometimes it’s just a case of checking the reverse of a stile to confirm we’re on the right path. ‘The Council has the power to waymark paths where the route is not obvious and may delegate this power to other responsible persons.’

Electric fences These have caused some issues, sometimes funny and sometimes not so! The guide states that: ‘An electric fence across a right of way is an obstruction even if it is not ‘live’. Any electric fence must be far enough away from a right of way that users on that way and their animals cannot inadvertently come into contact with it. In addition, appropriate warning signs must be displayed on or close to the fence to advise users of its presence.’ Sometimes piping over a wire may be used, removing the need to cut the fence and ensuring the continuation of the fence, also removing the use of insulated handles and clips.

Self-help with obstructions The Guide states that: ‘If when using a right of way you find an obstruction, first check that you are on the correct route. It is permissible to make a slight deviation to avoid the obstruction and this is often the best thing to do.’

Rerouted or missing paths Sometimes paths have to be re-routed for safety reasons - in West Dorset this is most evident on the ever-shifting coast. Paths may deviate slightly from the route shown on the map. Some paths may have been re-routed or altered since the Definitive Map was produced which is why even the most up to date maps can sometimes mislead.

What to do The Dorset Council Rights of Way leaflet has some useful guidance as well as information on how and where to report any problems. There is a small team of regional rangers who oversee maintenance and the public are encouraged to report any problems, by phone or online via the mapping.dorsetforyou.com/rightsofway/ reportproblem webpage. The public are also encouraged to volunteer and help with maintenance, with the opportunity to learn new skills as part of carrying out maintenance work.

We aim to be as respectful as possible towards landowners and responsible to the public when writing our directions but sometimes it’s difficult to know what the line is, so we hope the above has provided some useful advice. We’ll be back in April with another walk.

With thanks to West Dorset and Coast Senior Countryside Ranger Russell Goff

dorsetcouncil.gov.uk rightsofway@dorsetcouncil.gov.uk