Countryside

INTRODUCTION

There are actually many laws and regulations that affect the countryside, and this can be a surprisingly complicated area.

RIGHTS OF WAY

In order for the public to go onto land it must be either with the landowners permission or by having a right of way over the land. A public right of way can be legally established by either of the following:

DEDICATION

Dedicated by the landowner for the publics use.

ACCEPTANCE

Used by the public as a right of way for at least 20 years.

HIGHWAYS ACT

Takes over the common law concepts above of Dedication and Acceptance.

FOOTPATHS

Footpaths can be identified by reference to plans from Ordnance Survey or from the local authority offices. A footpath can only be used by the public on foot and not by any other means. A landowner must show where a public right of way exists and must not obstruct the right of way or put up signs to put people off.

TRESPASSING

If someone steps onto any private land without the owner’s permission it can be a trespass. Trespass is a civil law matter not a crime. Therefore a "Trespassers will be prosecuted" sign is not strictly true. A landowner can use reasonable force to get trespassers to leave his land and if they refuse he can call the police.

HUNTING

Many if the laws relating to hunting, fishing, and shooting date back many years to the 19th century. This is a complicated area. A person cannot possess a shotgun or a firearm without a certificate. There are strict regulations even to hiring shotguns out to others. A game licence is needed to kill certain game such as hares, deer, pheasants, partridges, and grouse. The landowner’s permission is always required before any hunting can take place on their land. Poaching is of course illegal.

FISHING

An owner of land on one side of a river or stream usually owns the exclusive fishing rights on their side of the bank up to the middle of the water. These rights can be sold or leased to others and are known as "Riparian rights". There are still laws that protect the close seasons for fish in the Salmon and Freshwater Fisheries Act 1975.

FISHING LICENCES

A person who wants to fish in a river or estuary needs a rod fishing licence. These are available from various sources including post offices. The licence gives permission to fish anywhere in England and Wales but to fish in a particular spot you still need the owner of the riparian rights to give their permission. The public has the right to fish in the sea up to (but not beyond) the high tide mark assuming there are no bylaw restrictions.

BIRDS

It is a criminal offence to kill, injure or take any wild bird or it’s nest or eggs. There are additional protective measures for certain special species. The courts have imposed heavy fines for those who have egg collections.

ANIMALS

It is a criminal offence to kill, injure or take any wild animal and to have in ones possession any live or dead wild animal under protection. It is also an offence to damage or destroy or obstruct access to any structure or place any wild animal uses for shelter or protection. The killing of a fatally wounded or disabled wild animal as an act of mercy is excluded from the above laws.

DANGEROUS ANIMALS

A dangerous animal is one that if it is not usually domesticated in this country and when fully grown is likely to cause severe damage unless restrained.

LIABILITY FOR DANGEROUS ANIMALS

If damage or injury is caused by a dangerous animal then the owner will automatically be liable. This is even if the owner had no prior knowledge of the characteristics of the animal.

TRESPASSING LIVESTOCK

If livestock strays onto another’s land and causes damage then the owner of the livestock is normally responsible.

DOGS AND LIVESTOCK

If a dog causes damage by killing or injuring livestock then the owner or keeper is usually responsible for the damage.

PLANTS

It is a criminal offence to pick, uproot or destroy any protected wild plant.