Public rights of way are a valued part of the countryside, offering access to beautiful landscapes and rural routes that many people enjoy daily. However, for the landowners whose land these rights of way cross – particularly agricultural landowners – there can be challenges, such as careless walkers allowing their dogs to stray from the designated paths, or ramblers inadvertently damaging crops.
Understanding the laws surrounding public footpaths, trespass, and livestock protection can help both landowners and footpath users avoid confrontations, disputes and costly damage.
Existing Public Rights of Way
A public right of way grants the public permission to pass and repass along a defined route across private land. These paths are protected under the Highways Act 1980, which places a duty on landowners to keep rights of way unobstructed. However, the land itself remains private property, meaning that while the public may use the path, they do not have the right to roam off the designated path. Often, whilst the routes for footpaths are defined on paper, they are not physically separated from the remainder of the land or field in which they are situated, meaning that landowners rely on footpath users’ common sense and respect for the rules.
Whilst in the vast majority of cases, this situation works well, there are of course instances of footpath users and their dogs roaming off the path, causing damage to crops, distress to livestock, or, in the dogs’ case, fouling on the land without the owner being aware.
The Legislation Relating to Dogs and Livestock
In relation to livestock, pursuant to the Dogs (Protection of Livestock) Act 1953, owners have a legal duty to keep their dogs under control, and should ensure their dogs do not cause harm, nuisance, or distress. Under this act, it is a criminal offence for dogs to:
- Attack livestock;
- Chase livestock in a way that would likely cause suffering;
- Be off the lead or not otherwise under close control.
Point 3 above does not apply to police dogs, guide dogs, working gun dogs or packs of hounds.
On 18 December 2025, the Dogs (Protection of Livestock) (Amendment) Act 2025 came into force. This strengthens and adds to the provisions of the 1953 Act, including permitting dogs to be seized where no owner is apparent and it is believed that they are worrying or attacking livestock, or where it is believed they pose a continued threat to livestock. It also makes provision for increased penalties where there is a conviction under the 1953 act.
From a civil perspective, rather than criminal, Clause 3 of the Animals Act (1971) states that:
“Where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is liable for the damage, except as otherwise provided by this Act.”
On this basis, landowners are able to issue claims against dog owners for damages, alongside the police pursuing criminal charges.
Landowners should also be mindful that their responsibilities extend beyond keeping a route open and unobstructed; they must also consider whether livestock on or near a public right of way presents a foreseeable risk to members of the public. This was illustrated in Health and Safety Executive v Beverley Chapman (Tembleath Farm), where a farmer was prosecuted after cattle with calves were kept in a field crossed by a public footpath, resulting in serious injuries to a walker and a further incident involving other members of the public.
Damage to Crops/Property Damage – The Animals Act (1971)
Dogs running loose across farmland and/or fouling can cause significant harm to crops, soil and other property. Whilst the Acts set out above cover distress and damage to livestock, they do not cover damage to crops or other property.
Under the Animals Act 1971, dog owners, or ‘keepers’ are responsible for the actions of their dogs in respect of property that is not livestock. The act states that where damage is caused by an animal which does not belong to a dangerous species, a keeper of the animal is liable for the damage, except as otherwise provided by the act, if—
(a)the damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe; and
(b)the likelihood of the damage or of its being severe was due to characteristics of the animal which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances; and
(c)those characteristics were known to that keeper or were at any time known to a person who at that time had charge of the animal as that keeper’s servant or, where that keeper is the head of a household, were known to another keeper of the animal who is a member of that household and under the age of sixteen.
Whilst the above covers dogs behaving badly, out of the scope of typical dog behaviour, it does not cover circumstances where dogs behave in a way which is usual for dogs, for example fouling or accidentally causing damage whilst running off-lead. For those types of cases, it may be possible to seek damages from the dog owner on the basis they were negligent.
For any civil or criminal claims for damage, evidence is imperative. Therefore, if there are any concerns about property damage or threats to livestock, it is strongly advisable to install a CCTV system covering the problem area.
Summary
Landowners have clear rights when it comes to protecting their property, crops, and livestock. Dog walkers also have responsibilities, ensuring their pets stay on the designated path, under control, and away from livestock or crops.
Where damage, trespass, or disputes occur, it is important to seek legal advice early to protect your interests and find a resolution before matters escalate.
Speak to a Property Litigation Specialist
At DTM Legal, our Property Litigation team advises landowners, farmers, and rural businesses on disputes involving public rights of way, private rights of way, trespass, and damage to property.
If you are facing issues or need guidance on enforcing your land rights, contact our team today.
Call us on: 01244 354800 / 0151 3210000
Email: Sophie.greensill@dtmlegal.com
or visit our Property Litigation page for more information.
Is It Trespass If a Dog Strays from the Footpath?
Yes — if a dog wanders off a designated public footpath and onto private land, that may constitute trespass. Although trespass by a dog is technically committed by the owner or handler, enforcement is often challenging unless clear damage or disturbance has occurred.
Landowners are generally advised to avoid confrontation and instead use signage and fencing to guide walkers along the correct route. In serious or repeated cases, where damage has occurred or access rights are being abused, legal remedies may be available through a civil claim for trespass or nuisance.
