Rights of way are, of course, a never-ending source of debate and controversy. Those of you who have rights of way crossing your fields will know all too well about the rules and regulations which require you to maintain the way and to ensure that it is fit for use by members of the public. Failure to observe the requirements can be costly in terms of time and money.

 

One of our clients recently proved the point! There are other pressures on the access system at present, only one of which is the issue relating to access by the disabled.

 

The Disability Discrimination Act 1995 makes it unlawful for people who provide facilities to the public to discriminate against disabled people. Some disability groups are now tackling local authorities with a view to having traditional stiles etc replaced by features which will allow access by the disabled. No problem here, of course, as everyone would wish to ensure that the disabled are given proper facilities to enjoy the countryside. However, the consequences can be serious. Many of the new features not only permit access by the disabled but also escape by livestock and motorbikes and 4x4s in the opposite direction!

 

Thus the removal of the traditional stile and similar structures can be a very high price to pay and much more work will need to be done to ensure a good balance is struck between the interests of the land owner and those who wish to legitimately use the right of way.