Horse Law

I would very much like to know if any horse riders have 'Committed trespass' against the holder of the land over which a track/path runs?

Where does one stand when riding a horse on a Bridleway that was not claimed or recorded in 1950 (under the National Parks and Access to the Countryside Act 1949).

If you can offer any help on the above matter or would like to submit any Law cases please contact me.

Andrew Nicol QC sitting as a Deputy High Court Judge has held that an Inspector had not erred in law in confirming the order of a local authority that a footpath in Leeds be re-designated a bridleway. The acquisition of a prescriptive right to use the land as a bridleway by 20 years user as of right under section 31 of the Highways Act 1980 was not negative by the erection of a notice stating ‘Private Road – Access Only'

Burrows v Secretary of State for the Environment, Food and Rural Affairs

Oxfordshire County Council v Oxford City Council & Robinson

Where members of the public have the right to cross private land, a public right of way exists.  Rights of way must be distinguished from easements and licences, by which an individual acquires rights for himself over another's land by process of law, and I do not deal with these in this article.  Public rights of way are divided into three kinds:

BURNES V ELLICOTT 1969

The principle having been established and confirmed in 1940 there followed the case of Miss Burnes who was an experienced horsewoman riding her horse along a recognized path by the side of a narrow road. Her leg was above the edge of the kerb when Mr Ellicott passed he caused the horse to take fright, rear up, catch one of its fore legs on the front bumper and thus the accident occurred.  Unfortunately the horse had to be destroyed although Miss Burnes suffered only cuts and bruises.  The court held that a car driver must exercise great caution in passing a horse and his duty was to slow down and stop if necessary.

CARRYFAST V HACK 1981

There now follows two cases both in 1981 once again confirming the general principal involved.   In this case a national carrier  had a box van being driven by a Mr Robert Cartwright.  As he drove along the A607 between Melton and Leicester he saw Elaine Hack on her horse on the grass verge.  The horse suddenly spooked and as a result Mr Cartwright swerved to avoid the horse and unfortunately hit a Volvo articulated lorry traveling towards him.  The final outcome of this case was that no negligence had been proved against the defendant and the unexpected conduct of the horse was not such and ought to have taken any sensible motorist by surprise.  The cause of the accident was held to be the van driver’s loss of control as a result of his negligence in failing to slow down and give proper clearance to the horse in the first place.

How about the 1861 The Offences Against The Person Act, which is still in force, created an offence for a person to drive a horse and carriage furiously.