Rights of Way: What to do about overgrown paths

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This information sheet covers the following information on what to do about overgrown paths.

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Introduction

With cutbacks in local authority expenditure on public paths, overgrowth is an increasing problem. If you come across an overgrown path we recommend the following action.

 

Highway authority

Report it to the highway authority (county or unitary council) which, as the owner of the path surface, is responsible for removing vegetation growing out of the surface (the surface includes the full width of the path, including any trees or other vegetation growing in it).

While the landowner is responsible for cutting back hedges and other vegetation overhanging the path, the highway authority has a duty to ensure that this is done. Similarly, the highway authority has power under the Highways Act 1980 section 154 to require the owner or occupier to lop or cut back overhanging branches and vegetation.

Most councils have an online reporting facility.

Parish or community council

If the problem is local to you, you should ask your parish or community council whether it has any devolved responsibility for path clearance. Some highway authorities pay willing parish and community councils to do certain jobs for them and you can then report the problem direct to that council.

However, if the work is not done in reasonable time, you should report the problem and the failure to act to the highway authority, which remains responsible for all public paths.

Photographs

It is always helpful to take and send in photographs, which might avoid the need for council officers to make a site visit.

Self-help

You might like to carry a pair of secateurs with you on a walk or ride, to snip back encroaching branches—but do not do any heavy work and certainly do nothing which might cause damage to anyone’s property or allow livestock to escape.

This page is printer friendly. Use the controls in your browser to print all or part of the contents of this fact sheet. To share the fact sheet, cut and paste this page link into an email: https://www.oss.org.uk/need-to-know-more/information-hub/what-to-do-about-overgrown-paths

Do you want to shape the future of paths and open spaces?

We need your help to keep our technical information, analysis & advice effective and up to date - your support means we can employ expert caseworkers.

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