The Absolute Legal Prohibition on Obstructing a Highway
A foundational maxim of English common law states: 'Once a highway, always a highway.' Under Section 137 of the Highways Act 1980, it is a criminal offence for any person to willfully obstruct the free passage along a public highway without lawful authority or excuse.
Because a public footpath is a highway in law, landowners, farmers, and property developers have zero legal right to block paths with locked gates, barbed wire, electric fencing, piles of manure, building materials, or overgrown hedges. Councils possess statutory duties to protect public passage.
| Action | Is It Legal Without Council Order? | Statutory Governing Law | Typical Timeline & Cost | Legal Consequences If Done Unlawfully |
|---|---|---|---|---|
| Unilateral Blocking (Piles/Fences) | Strictly Illegal (Criminal Offence) | Highways Act 1980 s137 | N/A (Unlawful) | Council s137 enforcement notice, removal at owner's expense, magistrates' court fine |
| Unilateral Diversion (Informal rerouting) | Illegal (Cannot force public off legal line) | Highways Act 1980 s119 | N/A (Unlawful) | Public has legal right to use original line; obstruction orders served on new barriers |
| Formal Diversion Order (PPO) | Yes (With council approval) | Highways Act 1980 s119 | 6 to 18 months; £2,500–£6,000 in council & legal fees | Lawfully modifies Definitive Map once confirmation process completes |
| Extinguishment Order (PPO) | Yes (Extremely rare) | Highways Act 1980 s118 | 12 to 24+ months; £3,000–£7,000 | Must prove path is completely unnecessary for public use; fierce public opposition |
| Temporary Closure Order (TTRO) | Yes (For urgent construction/safety works) | Road Traffic Regulation Act 1984 s14 | 6 to 8 weeks notice; valid max 6 months; £1,500–£3,000 | Temporary legal suspension while works proceed; alternative route must be provided |
Can a Landowner Install Gates or Stiles Across a Footpath?
Landowners frequently wonder whether they can erect a gate across a public right of way to stop livestock or domestic animals from escaping.
Under Section 147 of the Highways Act 1980, a landowner can only erect a new gate or stile across a public footpath if:
1. Agricultural Purpose: The land is being utilized for agricultural grazing or forestry.
2. Prior Council Consent: The owner obtains formal written authorization from the Local Highway Authority before installing the structure.
3. Accessible Design: The gate is easy for members of the public to unlatch and pass through. Installing a padlock or combination lock on a gate across a statutory right of way is an immediate criminal offence.
Erecting fake signs such as 'Keep Out - Private Property' or 'Danger: Savage Guard Dogs' along a public right of way is an offence under Section 132 of the Highways Act 1980. Councils can serve notices requiring immediate removal within 14 days.
How to Legally Divert a Footpath: Section 119 Process Explained
If a public footpath runs directly through your private garden, across a working farmyard, or through a proposed residential building plot, you can apply for a Public Path Diversion Order (PPO) under Section 119 of the Highways Act 1980.
To grant a diversion order, the council must be satisfied that:
• Expediency: The diversion is in the legitimate interests of the owner, lessee, or occupier (e.g., enhancing privacy, farm biosecurity, or residential development).
• Convenience: The proposed new route will not be substantially less convenient to the public in terms of gradient, length, surface, and scenic value.
• Public Consultation: The proposed order must be advertised in local newspapers and posted on site for a statutory 28-day public objection period.
If objections are received from local residents, the Ramblers, or the Open Spaces Society and cannot be resolved, the application is referred to the independent Planning Inspectorate for a public inquiry or written representations decision.
What Happens If a Landowner Unlawfully Blocks a Path?
Under Section 130 of the Highways Act 1980, local highway authorities have a statutory duty to 'assert and protect the rights of the public to the use and enjoyment of any highway'.
If a member of the public reports an obstruction, the council rights of way officer will inspect the site and issue an informal warning. If the barrier is not removed, the council issues a statutory notice under Section 137A or Section 143. If the landowner fails to comply within the specified notice period (typically 7 to 14 days), council contractors will enter the land, remove the obstruction, and bill the landowner for all costs, alongside prosecuting the owner in magistrates' court.
If a local council fails to act on a blocked or out-of-repair footpath, any member of the public can serve a statutory notice under Section 56 of the Highways Act 1980 and apply directly to the Magistrates' Court for an order compelling the council to clear the highway.
Step-by-Step Guide for Landowners Seeking a Footpath Diversion
If you want to move a public footpath away from your house, follow this structured roadmap: