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public footpaths

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corylus | 10:39 Fri 17th Sep 2010 | Law
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does a landowner have the right to dig up and install cables along a public footpath on his land?

who actually owns 'public' footpaths?
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Most public footpaths are owned by the landowner, who has (within limits) the right to do what he likes with them as long as he doesn't obstruct them

If he does 'need' to obstruct them there are legal procedures for temporary closure and/or diversion.
I'm sure somebody will correct me if I'm wrong but I think the land still belongs to the farner for instance, he just has to allow access to the public and so long as he does not block, or do anything to endanger the public he can use the land as he likes, subject to planning permission, I don't know if they still do it but volounteers would walk public footpaths to check that landowners were actually keeping the way properly clear and the safe and to actually maintain the right as if the land owner could prove no one had used the way for a certain time it would lapse. It also worked the other way, the access road to pit I worked at was a private road that also ran as a short cut to several farms and a small villageand was open to the public, but evvery year at Christmas the security barrier was lowered and locked to maintain it's status as a private road. If you've any doubts check with the council they used to have people who only dealt with right of way issues
yup landowners can divert them for a reason, eg to round the edge of a wheatfield from straight across it, or along the edge of a field and fence it if he wants to put stock in the field.
No, Woofgang, landowners are simply not just allowed to decide to divert the route of a public way of way to suit their own requirements. Goodness only knows where you get such a notion from.
They have to allow to the County Council for permission to divert, and such permission is not easily obtained.
In any event, it's irrelevant to the question asked.
If a footpath runs alongside the boundary of a field (or other feature) a landowner should not disturb it in such a way as to make it impassable.

If a footpath runs across a field a landowner can render it temporarily impassable if it's absolutely essential to do so in order to carry out necessary work, but the footpath should normally be reinstated within 24 hours.

Relevant information:
http://www.ramblers.o.../britain/footpathlaw/

Chris
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thanks all of you, I've looked up the relevant info from the Ramblers' association etc and local government guidelines, all very helpful.
Check if the footpath is designated as Highway - if so you will also need the permission of your local Highways Authority.

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