Editor

I note that according to your report in last week’s issue, one in five Welsh farmers were the victims of crime in 2020. While I sympathise with those who suffer from theft and fly-tipping, the issue with trespass is a different matter.

With some exceptions (such as squatting) “trespass” is not a criminal offence. A landowner may request a member of the public leaves their land, and use “reasonable force” to remove them if they refuse, but no more. The British countryside is criss-crossed by public rights of way which allow members of the public to access and enjoy privately owned land, and many of us take advantage of being able to do so.

It is a criminal offence to block a public right of way under Section 137 of the Highways Act 1980. Despite this, countless footpaths across British farmland are deliberately blocked by barbed wire fences and other obstructions.

A walker wishing to continue along a blocked right of way has the right to bypass the obstruction if possible. This does not constitute trespass.

I myself have been confronted by an angry farmer while attempting to do exactly that, and was left shocked and humiliated, despite knowing that I was not trespassing.

The FUW should ensure that its officers and members fully understand the law relating to “trespass” and public rights of way.

Jeremy Moore Penrhyncoch

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