The Accidental Smallholder Forum

Smallholding => Land Management => Topic started by: thescot82 on June 16, 2022, 12:18:38 pm

Title: Public rights of way - Insurance?
Post by: thescot82 on June 16, 2022, 12:18:38 pm
Hi.

Looking for advice. I have about 7 acres of land, that has a public right of way through the land that splits in a 'Y' shape so effectively two rights of way across the land.

There is no public right to roam so longer term I would like to restrict the potential of roaming by erecting fencing and/or planting new hedgerows.

My understanding that if anyone strays from the public path, they are deemed on private land and therefore putting themselves at risk somewhat. But what happens if someone gets injured on the public right of way? I understand I have an obligation to maintain the pathway to keep it clear etc but if someone trips/stumbles for any reason are we liable as the landowner?

Should we take out public liability insurance?

Many thanks,
Title: Re: Public rights of way - Insurance?
Post by: Anke on June 16, 2022, 12:52:39 pm
If you will be using the land for livestock grazing then public liability insurance is probably a no-brainer. That should then also cover you wrt to someone falling over. You may want to insure any livestock against dog worrying, which now (sadly...) is widely available.

Are the paths well maintained and used regularly? If yes, then trying to restrict access is not going to make you popular with locals and walkers that do use the paths, so if you are fencing it may well be best to provide access stiles or kissing gates etc.
Title: Re: Public rights of way - Insurance?
Post by: doganjo on June 16, 2022, 02:57:23 pm
If you will be using the land for livestock grazing then public liability insurance is probably a no-brainer. That should then also cover you wrt to someone falling over. You may want to insure any livestock against dog worrying, which now (sadly...) is widely available.

Are the paths well maintained and used regularly? If yes, then trying to restrict access is not going to make you popular with locals and walkers that do use the paths, so if you are fencing it may well be best to provide access stiles or kissing gates etc.
Second what Anke says but it also depends whether you are in Scotland or England.  the law is different in many things