Am I allowed to walk my dog on field edges

Q. Hi there.

I have just been out walking my dog, initially following the footpath sign, but decided to deviate as I thought the main path that goes across the middle of a ploughed field would be muddy. So, I skirted around the edge of the field, not on the crops and was accosted by a householder whose garden backs on to the field. He was telling me I should use the footpath and that dogs kept fouling his garden.

I sympathised, but my dog has never ventured into his garden, nor would she ever. He seemed to be under the impression that if I did it again, he could enforce something? He has no boundary fence and the garden is open to the elements.

My question is, do I have a right to legally walk around the edge of the field if the weather has been bad and the footpath is difficult to walk on? The farmer was ploughing in the fields and saw no reason to chastise me, but his garden further up the field is relatively enclosed.

Lou Cessford, Ipswich

A. Answers here seem to have digressed to just being obsessed to the dog being walked. That's not what the Lady asked.

John Bakewell, Rugby

A. The footpath is 1 meter wide, if your dog is off the lead it must stay on the footpath

Tom , Manningtree

A. Dear Veterinarians What about the dog's mental health? A lifetime of only being walked on a lead and never able to run would be incredibly frustrating and unnatural for the dog. There are safe situations to release your dog and understanding and raising good and happy dogs is the biggest contributing factor to the way these dogs behave. If you're addressing people who have zero understanding of dog behaviour and who have brought them up badly, that's fair enough. To say they're completely unpredictable is nonsense.

Naomi Deasey, Exeter

A. "A DOG MUST BE ON-LEAD."

In your opinion maybe, but there is no law which states a dog must be kept on a lead. Owners should use common sense.

It is an offence to fail to keep a dog under control - whether it is on or off the lead is immaterial.

I suggest you read this for clarification.

As to the orignal question, officially you should keep to the path but again just use common sense. Be polite and walk on if challenged. How likely is it that the person will launch a civil suit against you for trespass in such a situation? The police will not be interested as it isn't a criminal offence.

J M

In England and Wales you are not permitted to stray from the footpath - even if it is a bit muddy - unless you are on land designated as 'Open Access' under the Countryside and Rights of Way Act 2000 (this is marked in orange on the latest Ordnance Survey Explorer Maps).

If you are on private land whether there is a boundary fence or not (like somebody's garden) then you are trespassing.

For more information about Rights of Way see Rights of Way

For more information about Tresspassing see Tresspass

Hope this helps

Mike (Editor)

Dog owners are required to keep dogs under effective control at all times. For the avoidance on doubt, The Countryside Code on the Natural England website is quite explicit about what is defined by the phrase 'Keep dogs under effective control'.

It says:

Keep dogs under effective control

When you take your dog into the outdoors, always ensure it does not disturb wildlife, farm animals, horses or other people by keeping it under effective control. This means that you:

keep your dog on a lead, or
keep it in sight at all times, be aware of what it's doing and be confident it will return to you promptly on command
ensure it does not stray off the path or area where you have a right of access

Special dog rules may apply in particular situations, so always look out for local signs - for example:

Dogs may be banned from certain areas that people use, or there may be restrictions, byelaws or control orders limiting where they can go.
The access rights that normally apply to open country and registered common land (known as 'Open Access' land) require dogs to be kept on a short lead between 1 March and 31 July, to help protect ground nesting birds, and all year round near farm animals.
At the coast, there may also be some local restrictions to require dogs to be kept on a short lead during the bird breeding season, and to prevent disturbance to flocks of resting and feeding birds during other times of year.

It's always good practice (and a legal requirement on 'Open Access' land) to keep your dog on a lead around farm animals and horses, for your own safety and for the welfare of the animals. A farmer may shoot a dog which is attacking or chasing farm animals without being liable to compensate the dog's owner.

However, if cattle or horses chase you and your dog, it is safer to let your dog off the lead - don't risk getting hurt by trying to protect it. Your dog will be much safer if you let it run away from a farm animal in these circumstances and so will you.

Everyone knows how unpleasant dog mess is and it can cause infections, so always clean up after your dog and get rid of the mess responsibly - 'bag it and bin it'. Make sure your dog is wormed regularly to protect it, other animals and people.

Hope this helps . . .

Mike (Editor)

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