Important things to know if you keep horses in a field with a public footpath: safety and legal information

Access to good quality turnout is a must where equines are concerned. However, if you keep your horses in a field with a public footpath or bridleway, you may have a few apprehensions.

“These range from inappropriate feeding and even harm from the public, to concern regarding the risk to walkers should the horse be aggressive,” remarks Naomi Newell, Associate in the Property Disputes Team at Birketts LLP.

So, what risks are horses in a field with a public footpath exposed to? H&H spoke to Naomi and to Mark Weston, Director of Access at the British Horse Society (BHS). We asked what owners need to consider and got practical advice for safeguarding yourself, your horse and the wider public.

Horses in a field with a public footpath: what to bear in mind

Security

Owners with horses in a field with a public footpath must ensure that gates are secure enough to contain their livestock while giving easy access to the public. Naomi says to install any gates with the local highway authority’s consent, and to ensure nothing obstructs the route.

If you wish to fence either side of the route, Naomi has more pointers.

“Electric fencing next to a public right of way is only acceptable if insulated, and there are regular warning signs for the public,” she says. “The width of a public path may or may not be recorded on the Council’s legal records. Therefore, you should discuss the width of a fenced route with the local rights of way officer.”

“The BHS recommends putting up polite notices to remind people to leave gates as they find them or follow instructions on signs,” adds Mark. “This aligns with the Countryside Code.”

Appropriate fieldmates

Horse owners must consider their own duty to the public.

“Owners have the important responsibility not to keep a horse known to be potentially dangerous in a field crossed by a right of way,” warns Naomi. “This could result in a prosecution and is a serious responsibility.”

Mark of the BHS adds: “We strongly recommend against keeping stallions in a field through which rights of way pass, especially if unfamiliar horses access your land.”

Public feeding

Horse & Hound has reported widely on public feeding, which remains an issue even for horses who don’t share turnout with a public right of way.

“While many people act with no malicious intent, they’re often unaware of the risks,” explains Mark. “As we know, certain foods, such as grass cuttings, can cause illness for horses and feeding can lead to fighting within a herd.”

Owners and carers can erect polite signs requesting people not to feed the horses, with an explanation as to why.

“If you’re concerned the public is feeding your horses, you can contact the BHS Horse Care and Welfare Helpline on 02476 840517,” adds Mark. The charity can offer guidance and advice, as well as a range of English and Welsh signs at bhs.org.uk/behorseaware.

Dogs

Naturally, walkers who neglect to control their dogs can pose a threat to all livestock.

“Unfortunately, negative incidents involving horses and dogs can happen far too often,” says Mark. “The BHS continues to advise and educate dog walkers. We urge them to keep their dog under control, ideally on a lead, around horses.

“If your horse has been involved in an incident with a dog, report it to the police and record it through the BHS Horse i app. This helps give us a greater understanding of the scale of this issue, and lobby for greater change.”

Trespassing

Even if you keep horses in a field with a public footpath, individuals can still trespass.

“A user who is not on the line of the public right of way is trespassing over private land,” says Naomi. “Similarly, if the person is entering onto your private land or leaning over a boundary feature (like a fence, hedge or gate) into your private land, that person is likely to be trespassing.”

Some instances of trespass can be a criminal offence, and you should contact the police. However, it may also carry civil liability that you should take legal advice on.

“Bringing trespass proceedings in the civil courts is often an expensive exercise,” remarks Naomi. “So, it will be very important to keep that in mind depending upon the persistence and severity of the trespass,” advises Naomi. “Ultimately, you would end up with an order that you could look to enforce against the third party if necessary.

What if you’re not the landowner and someone trespasses on your horse’s field?

“You may have a contractual claim against your landlord if they are subject to obligations within your agreement to protect the land or horses from interference,” says Naomi. “You should ask a solicitor to check the terms of your agreement to see whether this avenue could be pursued.

Above all, it is best for all concerned if the landowner clearly signposts rights of way. The signs must adhere to the path’s true alignment and observe the legal width of the route.

“Define the route on the land if necessary to avoid confusion over where the public can pass,” advises Naomi. “Seek help from the local rights of way officer with this.”

What happens if my horse injures someone?

According to Naomi, if your horse causes a person harm or damage, you may be found liable in negligence.

“This means you owed a duty of care and failed in that duty.”

Naomi adds that you may also be held liable under the Animals Act 1971. This states that animal owners carry strict liability if a third party is injured by the animal.

“The Act is widely considered to be poorly drafted and there are some defences available under the Act. It’s very important to take prompt legal advice if a claim is brought against you,” she adds.

Additionally, if you feel your horse has caused damage to a third party as a result of their disturbance of him, it would be difficult to prove that they should, in fact, have primary liability.

“These sorts of proceedings are often complicated, and you should take legal advice.”

The BHS urges anyone who owns or looks after a horse to carry public liability insurance cover.

“BHS Gold members receive public liability insurance cover, up to £30 million,” explains Mark. “This helps to give financial peace of mind should your horse injure a member of the public on a public right of way.”

What happens if someone’s actions cause injury to my horse?

Firstly, you should enquire with your insurer.

“Can the policy pay out for vet bills? Do you have legal expenses cover? Additionally, what’s the impact on your insurance premium going forward? The latter point may well be the extent of the responsible person’s liability to repay you,” says Naomi.

Secondly, while the law may offer some recourse, there may be other difficulties. These include:

• Identifying the person responsible for causing the injury to your horse.
• Finding an address for that person to serve legal proceedings.
• Proving causation.

“Assuming for a moment that you identify and track the person responsible, they will put you firmly to proof on why it was their actions that caused the horse’s injury,” adds Naomi.

“Undoubtedly, you will need expert evidence to help you prove at court that your horse was injured directly as a result of the person’s actions.”

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