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Stay Calm and Assess the Obstruction

You’ve planned a lovely walk, the weather is kind, and then you meet a barrier: a gate padlocked shut, a fence across the path, or a wall of brambles. It is frustrating, but it is also a situation that thousands of walkers face every year. The first step is to stop and work out what kind of obstruction you are dealing with. Is it overgrown vegetation? A fallen tree? A deliberately locked gate? A ploughing that has erased the line of the path? Each has a slightly different legal and practical response.

In England and Wales, a public right of way is a highway in law. That means the highway authority — usually the county council or unitary authority — has a statutory duty to keep it open and usable. Landowners have duties too: they must not obstruct a path, and they must restore it if they plough it. In Scotland, the framework is different: access rights are granted by the Land Reform (Scotland) Act 2003, and local authorities have a duty to uphold them. Knowing this gives you confidence. You are not a trespasser; you are exercising a legal right.

Record the Details Properly

Before you do anything else, gather evidence. This will make your report far more effective. Use your phone or a notebook to capture:

• Date and time of your encounter.
• Precise location — a grid reference, a description from a map, or the path number shown on the council’s definitive map. If you have a location app, a short code can help, but a grid reference is the gold standard.
• What is blocking the path — a locked gate, a fence with no stile, dense undergrowth, a fallen branch, a misleading sign, or a field of crops with no reinstated line.
• Photographs from several angles, including a wide shot showing the path and a close-up of any lock, sign, or damage. Include something for scale if you can.
• Any identifying details — a farm name on a gate, a vehicle registration, or a notice. Do not trespass or confront anyone to get these.

Keep a copy of your notes. If the problem persists, a dated log shows the highway authority that this is not a one-off gripe but a recurring failure.

Contact the Highway Authority

Your report should go to the highway authority for the area. In England and Wales, that is the county council or unitary authority. In Scotland, it is the local access authority. Most councils have an online reporting form for rights of way, or you can email or phone the public rights of way team. Be concise, factual, and polite. Include the path number, grid reference, photographs, and a clear description of the obstruction.

Ask for a reference number and a timescale for action. The authority has a legal duty to assert and protect public rights of way, and it can require a landowner to remove an obstruction. If you do not hear back within a few weeks, follow up. If the obstruction is dangerous or has been there for months, say so. Persistent problems sometimes need escalation to a local access forum, a councillor, or the authority’s monitoring officer. But start with the straightforward report — most councils act on clear evidence.

What You Can Legally Do on the Day

You are not expected to turn back if there is a safe, legal way forward. If the obstruction is overgrown vegetation, you may push through, but do not damage hedges, crops, or fences. If a gate is locked, you cannot force it or climb it unless it is clearly designed to be climbed and safe to do so. If a fence blocks the path, do not cut it. Instead, retrace your steps and use an alternative public path. There is a limited common law right to deviate around an obstruction onto adjacent land, but it is narrow: you must not cause damage, and you must return to the path as soon as possible. It does not cover a deliberate, permanent fence.

If a path has been ploughed, the landowner must restore the line within fourteen days for footpaths, or within twenty-four hours for bridleways and restricted byways. If you meet a freshly ploughed field, note the date. If the path is still missing on your next visit, report that too. Never put yourself at risk. A blocked path is an inconvenience; a fall from a fence or a confrontation with a landowner is far worse.

If the Problem Persists

Sometimes a report is not enough. If the obstruction remains after a reasonable period, write again and ask what enforcement action the authority is taking. You can also contact your local councillor or the local access forum, which advises on rights of way issues. In England and Wales, if the authority fails in its duty, you can complain to the Local Government and Social Care Ombudsman. In Scotland, you can raise the matter with the local authority’s access officer. Do not take direct action such as removing locks or cutting fences — that could be a criminal offence and will undermine your case.

Keep your evidence together. A clear, calm paper trail is powerful. Many obstructions are resolved simply because a walker took the time to report them properly. Others need persistence, but the law is on your side.

Keeping Paths Open for Everyone

Every walker who reports a blocked path helps keep the network alive. The British countryside is criss-crossed by a remarkable legacy of public rights of way, but they only survive if people use them and speak up when they are obstructed. So next time you meet a locked gate or a sea of nettles, don’t just sigh and turn around. Record it, report it, and carry on legally. And when you meet a landowner who has kept a stile in good repair or left a gate easy to open, a friendly thank you goes a long way.