More than ever before, farmland and private land is being opened up to greater access to members of the public.

If you are a landowner, you may well be concerned about the risks your land may be exposed to from increased access, in terms of damage to crops, livestock and buildings and claims against you for injuries suffered by people while on your land. The recent £1million compensation awarded for a walker killed by cows as she walked across a field, has also been widely reported.

What can you do if you do encounter problems, and what steps can you take to minimise the risks?

At the minor end of the scale, if you have people straying beyond permitted paths or cycleways, you have a potential claim against them for civil trespass and, assuming you know who the trespassers are and depending on the seriousness of the trespass - whether it is a one-off incident or not - you may want to consider applying to the Court for an injunction to stop it. You must act swiftly, however, as a delay on your part may be interpreted by the Court as consent to the trespass.

If your application is contested, the claim could be costly, so it is worth checking whether you have any legal expenses cover under your home, business or motor insurance policy, or trade subscriptions.

Self-help remedies can also be very effective against trespassers, as well as being cheap. Fencing, gates and appropriate signs can all prevent the “unwary” trespasser, from straying off authorised paths, although they will possibly not deter the determined trespasser. You need to be very careful not to obstruct any legitimate paths over your land, as this could result in a claim being brought against you. If you are in any doubt you should seek legal advice.

You should also ensure that there are no hidden dangers for example trees overhanging paths and other potential hazards should be made safe. Beware because whether the visitor is authorised or not, you could find yourself the subject of a claim for damages if anyone is injured or killed as a result of an unexpected danger.

At the more serious end of the scale, if you have suffered vandalism or property damage, you should report the incident to the police and you will, at the very least, need an incident number for any insurance claim.

If you know who has committed the damage, you can bring a claim against the person for damages suffered and/or an injunction. You will however, need detailed evidence of the damage, so photographs, a log of events, valuations and evidence from other witnesses will all be helpful. Again, to apply for an injunction to stop the damage, you will need to show the Court you have acted quickly.

You should also report the matter to your local Council, which is under a duty to investigate certain statutory nuisances and has the power to apply for an Anti-Social Behaviour Order.

Breaching an Order is a criminal offence.

Depending on the type of path or access through your land, you may also have a claim against the Council itself. Leases for paths and cycleways, for example, frequently have covenants not to cause or allow a nuisance on the path. If you have suffered nuisance and the Council has not taken reasonable steps to prevent it, you may be able to terminate the lease.

If you do not currently have a public access through your land, and are keen to prevent one arising, you should make your intention clear by erecting visible signs on your land. These should state that you are giving notice that the way or area has NOT been dedicated as a highway or footpath, nor is there any intention to so dedicate it; and also state the date. You should take photographs of the signs once erected. If the signs are removed or destroyed, you should replace them and submit a formal Section 31(6) notice to the Highways Authority stating that no rights of way exist. Technically, the s31(6) notice should only be served if the signs are removed, but you may think it sensible to serve the s31(6) notice at the same time as erecting the signs.

Prevention, as they say, is better than cure. If you have already suffered damage to your land, trespass, or a claim against you for injuries suffered, you may well have a legal remedy available to you. However, the legal costs of pursuing - or defending - a claim, particularly if it is contested and you don’t have legal expenses insurance, could be substantial. Effective fencing and gating, taking care not to prevent authorised rights of way, and warning signs will not only help you discharge your occupier’s duty to people on your land, but may prevent problems arising.