Rights of way
Maintenance duties are split between landowners or occupiers and
the maintenance authority.
Landowners or occupiers must ensure that their boundaries
(hedges, fences, walls) do not obstruct the free passage of the
public. This usually means providing gaps, gates or stiles in the
boundary and maintaining them for safe use. New boundaries may not
be erected across the path line without written consent of the
authority. Landowners must also ensure that their overgrowth (trees
and branches, hedge growth, shrubs) do not obstruct the free
passage of the public.
On land where we are the authority responsible for maintenance
we ensure that the undergrowth (surface vegetation) does not
obstruct the public, provide and maintain most bridges (except
privately owned bridges), signpost the path from the road and
waymark along the route if necessary.
In practice, our policy is to maintain most stiles and gates at
no cost to the landowner, although this does not remove the
occupier’s legal duties and in any case the path must not be
allowed to become obstructed. If you are a landowner or occupier,
please contact us about any maintenance concerns. We use skilled
local contractors and sometimes volunteers to carry out works.
Three factors determine our maintenance programme:
- Parish rolling programme
- Seasonal maintenance
- Reports from the public
The rolling programme takes priority as the main means of
maintenance.
Seasonal maintenance of cutting back, strimming and mowing is
carried out twice each summer on a schedule of paths. By necessity,
these cuts are only on the lengths of heaviest growth on selected
paths.
Reports from the public are important. These are recorded and
scored for priority. Many of the simple problems, and all of the
safety problems are dealt with at short notice. Less pressing or
more complex problems are carried forward for action during the
next round of the rolling programme.
Enforcement
"Once a highway, always a highway"
In law, a public
footpath or bridleway is classed as a minor highway and is covered
by extensive highways legislation. Only a legal order can close or
divert a Public Path. Public Paths can not be lost by disuse or
even by being built over. It is very important to consider the line
of a Public Path when carrying out any development because building
over a path or otherwise obstructing it can become very expensive,
and if not resolved can be a burden on any future property
conveyances.
If you have development queries or have bought a property with
obstructed Rights of Way, early consultation with the Rights of Way
team is recommended to avoid pitfalls.
Where problems do occur on footpaths or bridleways they can
almost always be resolved by discussion between occupiers and our
Rights of Way officers. Where this is unsuccessful, enforcement
procedure can result, resulting in court action.
Contact
If you have a report or enquiry about a Public Right of Way
please email parks@carlisle.gov.uk or
call 01228 817200.