Allowing Access to Private Roads: Implications for Farmers and Landowners

As modern farming practices evolve, diversification has become a key strategy for many farmers and landowners. This shift towards varied business activities such as milk shacks, campsites, and wildlife trails inevitably leads to increased public access to private land. However, while diversification can provide new revenue streams, it also brings legal complexities, particularly regarding the use of private roads. Understanding the implications of the UK’s private road laws is crucial to avoid inadvertent legal breaches and ensure proper management of public access.

In this blog, Agriculture and Rural Affairs specialist Mike Bracegirdle highlights the key points and implications for farmers and landowners when seeking advice on allowing access to private roads.

The Importance of Diversification and Public Access

Diversifying a farm’s operations can enhance its financial stability and resilience. By introducing new ventures, farmers can tap into additional income sources and reduce dependency on traditional farming activities. However, with diversification comes the challenge of managing private road access rights. This is particularly relevant when roads intended for private use become regularly used by visitors. Allowing public access to these roads can potentially lead to violations of various laws, including the 1980 Highways Act. It is essential for farmers and landowners to be aware of these legal implications to avoid unwanted legal issues and liabilities.

Legal Implications of Allowing Public Access

When farmers and landowners permit regular public access to private roads, they risk falling foul of the law in several ways:

Highways Act 1980

Sections of this Act require proper signage, maintenance, and restriction to licenced drivers. Unfortunately, the term “regular” is not clearly defined, leading to subjective interpretations in court cases. If a private road is deemed to be used regularly by the public, it might be treated as a public highway, submitting the owner to legal obligations typically associated with public roads. This could mean ensuring the road is maintained to a standard suitable for public use, which can be a costly and complex requirement.

Liability Concerns

In the event of an accident on a private road, determining whether the road is public or private becomes critical. If classified as private, the landowner may be liable for accidents. This includes responsibility for the condition of the road and ensuring it is safe for use. Putting up “No Entry” signs means that anyone who goes in without permission is trespassing, and they can be held accountable for it. However, if the road is promoted for access to attractions or services, the owner must ensure clear signage and address safety concerns such as potholes or narrow entrances.

Council Adoption and Long-term Usage

Previously, councils had the authority to adopt semi-public roads into public highways, imposing significant implications for farmers. While current financial constraints make this less likely, prolonged public use can still lead to a “Byway Open to All Traffic” scenario. This would open the road to various types of traffic, including off-road vehicles (this is referred to as green-laning), posing challenges for maintenance and safety. Land owners have the right to control access to their land but they cannot necessarily prohibit green-laning entirely, forcing landowners to take precautions to prevent accidents on their property. You can read more about green-laning in our previous article here. Such scenarios could lead to increased wear and tear on the road, necessitating more frequent and costly repairs.

Practical Steps for Farmers and Landowners

To navigate the complexities of allowing public access to private roads, farmers and landowners should take several proactive steps:

Seek Legal Advice

It’s advisable to consult with legal experts to understand the specific implications for your property. An “extent of highways search” can help determine where the responsibility of the local authority ends and where yours begins. This search can provide clarity on the legal status of your roads and the potential implications of public access.

Maintain Adequate Insurance

Ensuring comprehensive insurance coverage is vital. This should include coverage for any diversified activities and the potential liabilities arising from public access to private roads such as green-laning Adequate insurance can protect you from financial losses in the event of accidents or legal claims.

Implement Clear Signage and Safety Measures

If you are encouraging public use of private roads, ensure that all necessary warnings and signs are prominently displayed. Highlight any potential hazards to minimise the risk of accidents and subsequent legal issues. Clear signage can inform visitors of the road’s status and any specific rules or guidelines they need to follow.

Regular Maintenance

Regularly inspect and maintain the roads to ensure they are safe for public use. This includes fixing potholes, trimming overgrown vegetation, and ensuring the road surface is even and navigable. Maintenance not only ensures safety but also demonstrates due diligence in managing the road.

Consider Business Structure

If your diversification activities represent a significant departure from traditional farming, it might be beneficial to establish a separate business structure. This can help manage liabilities and streamline operations. For instance, creating a separate entity for a campsite or tourist attraction can isolate potential legal and financial risks from your primary farming operations.

How can Butcher & Barlow assist?

While diversification offers exciting opportunities for farmers and landowners, it also necessitates careful consideration of the legal implications associated with public access to private roads. By seeking legal advice, maintaining appropriate insurance, and implementing safety measures, you can protect your interests and ensure that your diversified ventures are both successful and compliant with the law.

At Butcher & Barlow, we understand the unique challenges faced by farmers and landowners. Our team of experts are dedicated to providing personalised legal solutions that address your specific needs. Whether you are considering diversification or need advice on managing public access to your private roads, we are here to support you. For tailored legal advice and assistance, we at Butcher & Barlow are here to help guide you and safeguard your farming future.

For an initial no obligation conversation, please contact 01606 334309 or email agriculture@butcher-barlow.co.uk