What if there are crops on a public right of way?
The farmer’s duty toward crops growing or encroaching on the highway is not an absolute one requiring the highway to be kept clear of all crops at all times. Rather, it is to ensure that the line of the highway on the ground remains apparent to the public and that the crop does not make the right of way inconvenient to use. As soon as the crop starts to cause an inconvenience to users of the path it must be cut or sprayed out to at least the minimum width (see below). The general rule is the crops will start causing inconvenience when they reach 15cm (6 inches). Minium Width Maxium Width Cross – field footpath 1.0 metre 1.8 metres Field – edge footpath 1.5 metres 1.8 metres Cross – field bridleway 2.0 metres 3.0 metres Field – edge bridleway 3.0 metres 3.0 metres Byway 3.0 metres 5.0 metres Some paths have a specific width legally recorded and where this is the case it is this width, which must be reinstated and kept free of crops.
