The Criminal Offence of Highway Obstruction (Section 137)
Under Section 137(1) of the Highways Act 1980, 'if a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence.' In English law, all statutory public footpaths, bridleways, and byways are full legal highways.
Because obstruction is a criminal matter rather than merely a civil tort, offenders can be prosecuted directly in the Magistrates' Court by either the local Highway Authority, the police, or through private prosecutions initiated by affected members of the public or the Ramblers Association.
In addition to initial statutory fines, courts can impose daily recurring fines for every single day the obstruction remains in place following conviction.
| Enforcement Action | Governing Statute | Statutory Timeframe | Legal Penalty / Consequence |
|---|---|---|---|
| Criminal Prosecution | Section 137 Highways Act 1980 | Immediate summons | Level 3 fine (up to £1,000) plus criminal record |
| Section 143 Notice | Section 143 Highways Act 1980 | 14 days to comply | Council clears obstruction and recharges full contractor costs |
| Section 134 Ploughing Notice | Section 134 Highways Act 1980 | 14 days (or 24h for crops) | Council reinstates surface at landowner expense and reports to RPA |
| Dangerous Structures Notice | Section 165 Highways Act 1980 | Immediate safety notice | Mandatory removal of barbed wire or dangerous electrified fences |
| RPA Subsidy Penalty | Basic Payment Scheme / SFI | Immediate cross-compliance penalty | Deduction of up to 100% from agricultural farm subsidies |
Common Unlawful Obstructions and Landowner Obligations
Landowners and farmers frequently commit offences without realising their statutory duties:
1. Barbed Wire & Electrified Fencing: Erecting barbed wire or uninsulated electric wires across or directly alongside a narrow footpath is an offence under Section 164 of the 1980 Act if it poses a hazard to persons or animals lawfully using the path.
2. Padlocked Gates & Missing Latches: Locking a field gate that forms part of a public footpath without providing an unlocked adjoining stile or kissing gate is an immediate unlawful obstruction.
3. Crops & Ploughing Failures: Under Section 134, farmers may plough field-crossing paths during cultivation but must restore the path to a firm surface and minimum width within 14 days (or 24 hours for subsequent seasonal cultivations). Headland paths along field edges must never be ploughed.
4. Intimidating Animals: Keeping a dairy bull over 10 months old, or any bull of a recognised dairy breed (Ayrshire, British Friesian, Guernsey, Jersey, Holstein), in a field crossed by a public right of way is a criminal offence under Section 59 of the Wildlife and Countryside Act 1981.
Under common law, walkers have a limited right of 'abatement' to remove as much of an obstruction as necessary to pass. However, if you cause unnecessary damage to private gates or fences, you risk counter-claims for criminal damage under the Criminal Damage Act 1971. Always report obstructions to the council rights of way officer instead.
How to Report an Obstructed Footpath to the Highway Authority
If you encounter a blocked or padlocked public footpath: