[Tania]

Hi, I'm not sure if this is the right place to post this but here goes!
We have approx 11 acres of land divided into four paddocks. There is a Public Footpath which passes up the side of one paddock and then across the next. We have ponies and sheep grazing on the paddocks, sometimes on all four and sometimes on 3 whilst we rest one. We live next door to a P.H. and the owners walk their dogs on the fields on a regular basis.
My questions are:
1) Should the dogs be kept on a lead?
2) Shouldn't the dogs and owners stick to the foothpath?
3) If a dog or owner is chased by one of the animals when off the path, would they have any right to complain?
4) Are we entitled to put up a sign, showing the position of the path and asking walkers to keep themselves (and their dogs) where applicable, to the footpath?
5) Are members of the public entitled to picnic on the land?
 
I don't want to be unreasonable but must admit that I get a bit niggled when our neighbours let their dogs into the field then sit at the gate and wait until their dogs have done 'their business' before calling them back and returning to their own pub garden. the other afternoon I noticed that all the sheep were running (including pregnant ewes). The dogs from next door were in one field which was empty, but running along the fence where we were keeping the sheep(they were on the opposite side of the field to the Footpath. The landlady was also on the wrong side of the field. I was very polite and pointed out that although not in the same field, the dogs were causing distress to the sheep and asked if they could be kept on a lead. The reply was 'No, I'm sorry but I can't put them on a lead as I have a bad back and they pull too much'. I didn't know what to say to that and just wondered exactly what my rights as landowner are? If anyone out their could advise me I would be very grateful?
 
 

[stufe35]

1. Dogs must be under control of the owner at all times....in reality for most dog owners that means on a lead when in a field with or near livestock.
2. Yes.  You can encourage this with signage or fencing it. (Which is what I would do)
3. Don't think they would have a case....I think you might find guidance for animals in fields with public footpaths on hse or NFU or cla websites.
4. Yes.
5. No, it's a right to pass not loiter.

They think it's ok to let there dogs do that on your land ?  Take your pony round to their lawn and see how they like it.  Scoop it up and deliver it on there doorstep. Tell them how it causes sheep to abort and ask them to stop. Choice is yours !

Personally I would fence it round the edge where you can, erect signs to make it clear it's not an area for letting your dog go to the loo. I think you'll find a footpath across agricultural land only needs to be 1 metre wide , it's easy enough to google.

Consider realigning the fences / paddocks so the path is fenced both sides all the way across your land.

Dogs can obviously be legally shot if worrying livestock...not something any of us would want to do, but useful to remind the owner of that fact.  It's actually the owners who should be shot....no such thing as a bad dog...just bad owners.!

[shygirl]

I feel for you but don't have any helpful advise as in our experience if its private land the council and coppers wont help you. what support do your local coppers offer you?
the danger of dog muck was highlighted on countryfile the other week so maybe put up a sign stating this
- or a warning sign saying keep to the paths as the sheep recurrent ringworm 
I think if it was me id fence the footpath with electric fencing - is that allowed?
or buy a mule - they trample loose dogs 

[david c]

 do not tolerate it - insist they stick to the footpath and ensure that the council have it correctly marked / signposted . Always stop them if you witness any deviation. They'll end up claiming new footpaths if you allow them (my neighbour ended up with 3 in one field!!)

Do not let them use it as a lavatory - speak to council / NFU there are signs you can get for warning about dog fouling.

Ensure they know dogs worrying sheep will be shot.

be careful and stand up for your rights, property and livestock. there is a blue book which you can get on amazon that fully explains the various highway acts. Can't remember the name, but its the Highways Departments' Bible for footpath issues. I used it in reverse and to good effect defending my land after losing a year of my life to spurious claims for a footpath!

good luck,

David

[Penninehillbilly]

I think I would put a few plain wire strands to keep people on the footpath, then on the field side of the strands I would put an electric fence, lowest strand at dog nose height (not forgetting warning signs at the gate and on the wire itself.
often thought of doing this, as I have a field with footpath out of sight of the house but I know some locals don't keep their dogs on a lead and don't clean up, but as it's rented out it's not my problem yet.
just another thought - never use barbed wire next to a footpath, not sure but I was told it's illegal

[Backinwellies]

return the ladies property to her (ie the dog mess) with a polite note saying you thing she may have left this behind. 

Borrow some heifers to graze the field that the footpath crosses ... not dangerous but quite frightening when they charge up to investigate the dogs! 

seriously dogs that are not 'under control' can be shot... and currently the farmers guardian is campaigning against the dog issue ... and are supplying signs which you can put up. .. check website. http://www.farmersguardian.com/
Good luck with getting it sorted.

[jaykay]

I'd fence the path.

I know it's both work and money, but I think longer term it'll save you grief. Where it actually crosses your paddock, can you get to the same place if you go round two edges - in which case, that's how I'd fence it. Most people aren't bloody-minded enough to object to that, as long as they can still use the path.

My general experience is that changing other people's behaviour, however in the wrong they are, is an uphill and thankless task. So where I can 'engineer out' a problem, I do.

[SallyintNorth]

return the ladies property to her (ie the dog mess) with a polite note saying you thing she may have left this behind. 

Love that 

Borrow some heifers to graze the field that the footpath crosses ... not dangerous but quite frightening when they charge up to investigate the dogs! 

Take care with this approach.  You may find yourself landed with a claim for an injury.  One of our neighbours did and as there were no witnesses, his insurance decided to pay out rather than risk bad press.  That neighbour has now fenced the public footpath


Good advice to engineer a way out rather than try to change people's behaviour.  ("Don't try to teach a pig to sing.  It's a waste of time and annoys the pig.")


If you need to fence a path other than the actual route, however, you must not obstruct the actual path and cannot object to people using it.  If you want to officially change the route there will be a process to go through, and I would have thought protecting your livestock would be justification enough.  However the process will cost some money (it used to be £400 where I was on the Rights of Way group near Devizes.) 

[Tania]

Thanks to you all for your advice - I think we will eventually go with the erection of a fence so that there is no excuse for anyone to stray off  the path - however this will have to be a project for the future as lacking in both money and time at the present! In the meantime I think we will put up some signs - I hate to be unreasonable and on the whole most people do just pass through and stick to the path - its just one or two who take 'the mick'.

[feldar]

Hi we have a similar situation. we have a footpath along the side of our field which leads into the wood at the top. This time of year it has been very busy because the bluebells are starting to come out.
We decided to completely fence the footpath and repath it too. It was previousely very wet even in summer because there are two springs along it. We made a permentant track and culvettes for the springs making an all weather entrance for us to the farm and a lovely wide footpath for the walkers. Everyone is happy and the path is fence for sheep.
We did need planning for the new entrance to the farm but they were more on our side because we were improving the footpath.
All the walkers we meet say it's an improvement because it looks to them like we welcome them using it. also hubby keeps the hedge cut back and brambles at the top near the wood, again we are being user friendly. People say they can see where to walk and a polite notice asks them to keep their dogs under control around the stock and they do.