Steep Cliffs and Public footpaths

[fenderjaguar]

Am I under legal obligation to protect members of the public from cliffs and steep drops on my own property where there is a public footpath leading along the top of the cliffs?

[des8]

Hi and welcome

Basic answer is "there is no necessity to warn members of the public about obvious dangers". They are expected to use common sense.
It is up to users to take care for their own safety; in particular not to go too near cliff edges and not to swim in lakes / rivers. Land owners do not have to rope off or signpost obvious risks.

[fenderjaguar]

Thank you very much for the answer, DES8.

May I also ask, if there was already an existing, dilapidated, barb wire livestock fence along the cliff edge, do I have to maintain or replace it?

Also, I see some conflicting advice. For example, this article:

https://www.theguardian.com/money/20...urrights.legal

"Contrary to what most people think, homeowners actually owe a duty of care to trespassers to ensure they do not come to any harm, which means if there is a hazard on your property you might reasonably be expected to offer some protection."

[des8]

Section 164 Highways Act 1980, says that where, on land adjoining a highway, there is a fence made with barbed wire in or on it and the wire is a nuisance to the highway, a notice may be issued by the Local Authority for the nuisance to be removed.

If the fence could cause injury to a member of the public you could be held liable.
Your public liability policy (you do have PL cover?) will almost certainly contain a condition requiring things are kept in good condition.
If it is your fence (even if it was in poor condition when ownership passed to you) you might need to replace or remove it.
Would removing it cause a danger to those using the path?

Should we assume that you own land over which a coastal path runs and the seaward edge is bounded by an old stock proof fence?
Do you still stock the land?
Where I live (W. Wales) some farmers have moved their fences to the inland edge of the path (to keep their stock away from the public) and left the seaward edge unfenced. (if the public want to jump it's their choice )

[fenderjaguar]

We are inland, not near the coast. The path runs along a very steep valley. The field used to be pasture, but we now use the field exclusively as a meadow, with no livestock in it at all, used only for hay.

If it was me, I would remove the fence. But my dad seems to be under the impression that WE have a duty of care to members of the public, using the public footpath, to keep them from the edge. In my opinion, this is self evidently not true, since where the footpath continues up the valley, all the fences are on the other side of the footpath (like you mention in your last sentence).

[des8]

As owner of land to which public have access your father is correct that you have a duty of care.
However that duty extends only to not doing anything which causes a nuisance (damage) to those on your land.
So if the fence is capable of causing a nuisance it should be made safe. e.g. wire fixed on side of posts away from path.


You might find useful guidance in Chapter 11 of this file: file:///C:/Users/Others/Downloads/Managing%20Public%20Access.pdf

[fenderjaguar]

You might find useful guidance in Chapter 11 of this file: file:///C:/Users/Others/Downloads/Managing%20Public%20Access.pdf

Seems the file is on your computer there. But I searched for it on the internet. Is it this one?

https://www.google.com/url?sa=t&rct=...-7_I84ur8k4Itw

[des8]

Yep!
Sorry if it was my error... not very computer literate!

[fenderjaguar]

My dad and I will argue among ourselves and we will read the document you posted. Thanks very much for your replies, DES8.