What is an Obstruction?
An obstruction is anything which prevents the convenient use of a right of way or which prevents the public from having free access over the whole of the highway – unless it is purely temporary.
Obstructions can be man-made or entirely natural, and need not obstruct the entire path. It is ultimately up to the courts to decide whether a right of way is obstructed, but common examples of obstructions include:
- Locked gates
- Barbed wire fences
- Fallen trees
- Slurry or piles of manure
If the surfacing of a right of way has fallen into disrepair, or the way has become overgrown, it is not normally considered obstructed but in need of maintenance.
