Rights of way in the United Kingdom
Encyclopedia
In England and Wales
, public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in Scotland
in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions is defined as a right of way
, and in addition there is a general presumption of access to the countryside. Private rights of way or easement
s also exist.
In England and Wales a public footpath is a path on which the public have a legally protected right to travel on foot. Public footpaths often form a dense network of short paths, offering a choice of routes to many different destinations. It is probable that most footpaths in the countryside are hundreds of years old or more.
Footpaths are shown as dashed green lines on Ordnance Survey
1:25,000 (Explorer) maps, or dashed pink lines on 1:50,000 (Landranger) maps.
The Ordnance Survey maps cannot be treated as the definitive description of rights-of-way and they often take some years to be updated with changes.
Local authorities (usually county council
s or unitary authorities) are required to maintain the definitive map of all public rights of way in their areas and these can be inspected at Council Offices.
If a path is shown on the Definitive Map
and no subsequent order (e.g. a stopping up) exists then the right of way is conclusive in law. But just because a path is not on that map does not mean that it is not a Public Path. The Countryside Agency
estimated that over 10% of public paths were not yet listed on the definitive map. The Countryside and Rights of Way Act 2000
provides that paths that are not recorded on the definitive map by 2026 and that were in use prior to 1949 will automatically be stopped up on 1 January 2026.
A public footpath is sometimes waymarked
using a coloured arrow on a metal or plastic disc or by coloured paint dots on posts and trees (colours vary depending on local authority, but yellow and green are the most common).
The right of access on a public footpath only extends to walking, so there is no right to cycle or ride a horse on a public footpath. However, it is not a criminal offence to do so, unless there is a traffic order or bylaw in place specifically - instead it is a civil wrong
to ride a bicycle
or a horse
on a public footpath, and action could be taken by the landowner for trespass
or nuisance
by the user.
Bedford Borough Council mentions that walkers may:
have the following, but no other rights:
Note that although Section 30 of the Countryside Act 1968 permits the riding of bicycles on public bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists". Much debate continues on the use of bridleways by motorcyclists.
Public Bridleways are shown as long green dashes on Ordnance Survey
1:25,000 maps, or long pink dashes on 1:50,000 maps.
In addition, permissive bridleways are shown as dashed orange lines on the 1:25,000 maps where there is no statutory right of way but where the landowner permits use, for the time being, as a bridleway.
A public bridleway is sometimes waymarked using a blue arrow on a metal or plastic disc or by blue paint dots on posts and trees.
over which the public
have a right to travel for vehicular
and all other kinds of traffic
but which is used by the public mainly for the purpose for which footpaths and bridleways are used. (Road Traffic Regulation Act 1984
, section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1).
Since the 2006 Regulations to the Countryside and Rights of Way Act 2000
BOATs should more properly be referred to as Byways.
A byway open to all traffic is sometimes waymarked using a red arrow on a metal or plastic disc or by red paint dots on gateposts or trees.
. The Countryside Act 1968 required all highway authorities to reclassify RUPPs in their area – occasionally as public footpaths but in practice generally as public bridleways unless public vehicular rights were demonstrated to exist in which case it would become a Byway Open to All Traffic.
This process was slow as it involved research into historic usage and often public enquiries, and so was not completed by the time the Countryside and Rights of Way Act 2000
was passed. This reclassified all remaining RUPPs as Restricted Byways on 2 May 2006.
A permissive path is often closed on a specified calendar day each year, and is usually clearly signed as a permissive path. These are precautions to prevent any possible future claim of continuous public access along the path, which could result in it becoming designated as a statutory right of way.
the public also has a right to walk away from rights of way on designated "access land". This right is in addition to rights of way, and does not extend to horse-riders or cyclists. Access land may be closed for up to 28 days per year, whereas rights of way must remain open at all times, except in exceptional circumstances with special permission of the local authority.
. A presumption of dedication may arise under common law after any appropriate period of time, by way of a presumed deed that has been lost; known as the doctrine of "modern lost grant". Paths created by express dedication since 1949 are not automatically maintainable at the public expense as a result of s.49 National Parks and Access to the Countryside Act 1949
.
in England and Wales (other than Transport for London
, the City of London
and Inner London
boroughs) was required to produce a Rights of Way Improvement Plan under sections 60 to 62 of the Countryside and Rights of Way Act 2000
within five years of the date on which Section 60 of the Countryside and Rights of Way Act came into force; this deadline was 21 November 2007. Each highway authority is required to review their Rights of Way Improvement Plan at least every ten years.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions is defined as a right of way
Rights of way in Scotland
In Scotland a right of way is defined as any defined route over which the public has been able to pass unhindered for at least 20 years. The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there is no obligation on Scottish local authorities to...
, and in addition there is a general presumption of access to the countryside. Private rights of way or easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
s also exist.
Footpaths
Footpaths are shown as dashed green lines on Ordnance Survey
Ordnance Survey
Ordnance Survey , an executive agency and non-ministerial government department of the Government of the United Kingdom, is the national mapping agency for Great Britain, producing maps of Great Britain , and one of the world's largest producers of maps.The name reflects its creation together with...
1:25,000 (Explorer) maps, or dashed pink lines on 1:50,000 (Landranger) maps.
The Ordnance Survey maps cannot be treated as the definitive description of rights-of-way and they often take some years to be updated with changes.
Local authorities (usually county council
County council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...
s or unitary authorities) are required to maintain the definitive map of all public rights of way in their areas and these can be inspected at Council Offices.
If a path is shown on the Definitive Map
Definitive Map
The Definitive Map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way is located. The highway authority has a statutory duty to maintain the Definitive Map, though in national parks the National Park Authority usually maintains the...
and no subsequent order (e.g. a stopping up) exists then the right of way is conclusive in law. But just because a path is not on that map does not mean that it is not a Public Path. The Countryside Agency
Countryside Agency
The Countryside Agency in England was a statutory body set up in 1999 with the task of improving the quality of the rural environment and the lives of those living in it. The Agency was formed by merging the Countryside Commission and the Rural Development Commission...
estimated that over 10% of public paths were not yet listed on the definitive map. The Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
provides that paths that are not recorded on the definitive map by 2026 and that were in use prior to 1949 will automatically be stopped up on 1 January 2026.
A public footpath is sometimes waymarked
Waymarking
Waymarking is an activity where people locate and log interesting locations around the world, usually with a GPS receiver and a digital camera. Waymarking differs from geocaching in that there is no physical container to locate at the given coordinates. Waymarking identifies points of interest for...
using a coloured arrow on a metal or plastic disc or by coloured paint dots on posts and trees (colours vary depending on local authority, but yellow and green are the most common).
The right of access on a public footpath only extends to walking, so there is no right to cycle or ride a horse on a public footpath. However, it is not a criminal offence to do so, unless there is a traffic order or bylaw in place specifically - instead it is a civil wrong
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
to ride a bicycle
Bicycle
A bicycle, also known as a bike, pushbike or cycle, is a human-powered, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other. A person who rides a bicycle is called a cyclist, or bicyclist....
or a horse
Horse
The horse is one of two extant subspecies of Equus ferus, or the wild horse. It is a single-hooved mammal belonging to the taxonomic family Equidae. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature into the large, single-toed animal of today...
on a public footpath, and action could be taken by the landowner for trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
or nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
by the user.
Bedford Borough Council mentions that walkers may:
- take a pram, pushchair or wheelchair, where possible
- take a dog as long as on a lead or under close control
- admire the view, stop for a rest, have a small picnic on the verge
- take a short alternative route to get round an obstruction
Bridleways
A public bridleway is a way over which the publicPublic
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
have the following, but no other rights:
- to travel on foot and
- to travel on horseback or leading a horseHorseThe horse is one of two extant subspecies of Equus ferus, or the wild horse. It is a single-hooved mammal belonging to the taxonomic family Equidae. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature into the large, single-toed animal of today...
, with or without a right to drive animalAnimalAnimals are a major group of multicellular, eukaryotic organisms of the kingdom Animalia or Metazoa. Their body plan eventually becomes fixed as they develop, although some undergo a process of metamorphosis later on in their life. Most animals are motile, meaning they can move spontaneously and...
s of any description along the way.
Note that although Section 30 of the Countryside Act 1968 permits the riding of bicycles on public bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists". Much debate continues on the use of bridleways by motorcyclists.
Public Bridleways are shown as long green dashes on Ordnance Survey
Ordnance Survey
Ordnance Survey , an executive agency and non-ministerial government department of the Government of the United Kingdom, is the national mapping agency for Great Britain, producing maps of Great Britain , and one of the world's largest producers of maps.The name reflects its creation together with...
1:25,000 maps, or long pink dashes on 1:50,000 maps.
In addition, permissive bridleways are shown as dashed orange lines on the 1:25,000 maps where there is no statutory right of way but where the landowner permits use, for the time being, as a bridleway.
A public bridleway is sometimes waymarked using a blue arrow on a metal or plastic disc or by blue paint dots on posts and trees.
Byways open to all traffic
A byway open to all traffic, or BOAT, is a highwayHighway
A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...
over which the public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
have a right to travel for vehicular
Vehicle
A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
and all other kinds of traffic
Traffic
Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...
but which is used by the public mainly for the purpose for which footpaths and bridleways are used. (Road Traffic Regulation Act 1984
Road Traffic Regulation Act 1984
The Road Traffic Regulation Act 1984 is an Act of Parliament in the United Kingdom, which provided powers to regulate or restrict traffic on UK roads, in the interest of safety. It superseded some earlier legislation, including the majority of the Road Traffic Regulation Act 1967...
, section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1).
Since the 2006 Regulations to the Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
BOATs should more properly be referred to as Byways.
A byway open to all traffic is sometimes waymarked using a red arrow on a metal or plastic disc or by red paint dots on gateposts or trees.
Roads used as public paths
A road used as public path (RUPP) was one of the three types of public right of way (along with footpaths and bridleways) introduced by the National Parks and Access to the Countryside Act 1949National Parks and Access to the Countryside Act 1949
The National Parks and Access to the Countryside Act 1949 is an Act of the Parliament of the United Kingdom which created the National Parks Commission which later became the Countryside Commission and then the Countryside Agency, which became Natural England when it merged with English Nature in...
. The Countryside Act 1968 required all highway authorities to reclassify RUPPs in their area – occasionally as public footpaths but in practice generally as public bridleways unless public vehicular rights were demonstrated to exist in which case it would become a Byway Open to All Traffic.
This process was slow as it involved research into historic usage and often public enquiries, and so was not completed by the time the Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
was passed. This reclassified all remaining RUPPs as Restricted Byways on 2 May 2006.
Restricted byways
On 2 May 2006 the Countryside and Rights of Way Act 2000 reclassified all remaining Roads Used as Public Paths as restricted byways. The public's rights along a restricted byway are to travel:- on foot
- on horseback or leading a horse
- by any vehicle (e.g. bicycles, horse-drawn carriages) other than mechanically propelled vehicles (e.g. motorbikes or cars)
Permissive path
A permissive path, permitted path or concessionary path is a path (which could be for walkers, riders, cyclists, or any combination) whose use by the public is allowed by the landowner, but over which there is no right of access.A permissive path is often closed on a specified calendar day each year, and is usually clearly signed as a permissive path. These are precautions to prevent any possible future claim of continuous public access along the path, which could result in it becoming designated as a statutory right of way.
Right to roam
Under the Countryside and Rights of Way Act 2000Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
the public also has a right to walk away from rights of way on designated "access land". This right is in addition to rights of way, and does not extend to horse-riders or cyclists. Access land may be closed for up to 28 days per year, whereas rights of way must remain open at all times, except in exceptional circumstances with special permission of the local authority.
Creation of new public rights of way
A footpath, bridleway or restricted byway can be created by one of the following means.Dedication
In England and Wales, a footpath, bridleway or restricted byway may be expressly dedicated by the owner as a public right of way. Furthermore, unchallenged use by the public, as of right, for at least 20 years, may give rise to a presumption of dedication under Section 31 of the Highways Act 1980Highways Act 1980
The Highways Act 1980 is an Act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Many amendments relate only to changes of highway authority, to include...
. A presumption of dedication may arise under common law after any appropriate period of time, by way of a presumed deed that has been lost; known as the doctrine of "modern lost grant". Paths created by express dedication since 1949 are not automatically maintainable at the public expense as a result of s.49 National Parks and Access to the Countryside Act 1949
National Parks and Access to the Countryside Act 1949
The National Parks and Access to the Countryside Act 1949 is an Act of the Parliament of the United Kingdom which created the National Parks Commission which later became the Countryside Commission and then the Countryside Agency, which became Natural England when it merged with English Nature in...
.
Public Path Creation Agreement
Section 25 of the Highways Act 1980 allows a local authority (that is, a district or county council, or a unitary authority) to enter into an agreement (known as a 'Public Path Creation Agreement') with a relevant landowner to create a footpath or bridleway over land in their area. The local authority has to consult any other local authority in whose area the path will be, but does not have to consult wider. There is no provision for any one else to be consulted or to object. The agreement must be advertised in the local paper, and the route is automatically maintainable at the public expense.Agreement between a parish council and landowner
Section 30 of the Highways Act 1980 allows a parish council (community council in Wales) to enter into an agreement with a relevant landowner to create a footpath, bridleway or restricted byway over land in their area or in an adjacent parish. The parish council is under no obligation to consult anyone. All they have to do is reach an agreement with the landowner. There is no provision for anyone else to be consulted or to object. The path is not automatically maintainable at the public expense.Public Path Creation Order
Section 26 of the Highways Act 1980 allows a local authority (that is, a district or county council, or a unitary authority) to make an order to create a footpath or bridleway over land in their area. If there are no objections, the local authority can confirm the Order themseves, so bringing the path into effect. However, where objections have been made, the Order will need to be considered by an inspector from the Planning Inspectorate. Depending on the number and nature of the objections, he may consider the Order after an exchange of written representations between the authority and the objectors, after holding a hearing, or after a public local inquiry. People who would like to use the path should submit letters saying why they need the path.Highway works authority
Section 228 of the Highways Act 1980 is mainly used by the street works authority (County Council or unitary authority) to declare a street to be a highway maintainable at public expense. The street works authority have to perform works on the route. Such street works need only be appropriate to the type of highway to which the notice relates. So for a potential bridleway, if the grass is cut, or a hedge cut back, this could constitute street works for the purpose of this section, so enabling it to be used. The authority then place s.228 "Adoption of Streets" notices at each end of the route. Only the owner of a street (or if more than one, the majority of the owners) has the power to object. If there is an objection, the street works authority can either discontinue, or it can go to the magistrates court. A path created by this method will be maintainable at the public expense. Hampshire County Council has used this method for footpaths, http://www.hants.gov.uk/scrmxn/c21425.html and Essex County Council often uses it for new bridleways.Rights of Way Improvement Plans
Each highway authorityHighway Authority
A highway authority is a name given to a body responsible for the administration of public roads.-India:The National Highways Authority of India is the national authority for the management of a network of over 60,000 km of National Highways in India...
in England and Wales (other than Transport for London
Transport for London
Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London...
, the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
and Inner London
Inner London
Inner London is the name for the group of London boroughs which form the interior part of Greater London and are surrounded by Outer London. The area was first officially defined in 1965 and for purposes such as statistics, the definition has changed over time. The terms Inner London and Central...
boroughs) was required to produce a Rights of Way Improvement Plan under sections 60 to 62 of the Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
within five years of the date on which Section 60 of the Countryside and Rights of Way Act came into force; this deadline was 21 November 2007. Each highway authority is required to review their Rights of Way Improvement Plan at least every ten years.
See also
- HighwayHighwayA highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...
- TrailTrailA trail is a path with a rough beaten or dirt/stone surface used for travel. Trails may be for use only by walkers and in some places are the main access route to remote settlements...
- Countryside and Rights of Way Act 2000Countryside and Rights of Way Act 2000The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
- Right-of-way (transportation)
External links
- IPROW The Institute of Public Rights of Way and Access Management
- ETL ET Landnet - Specialist consultants to Landowners with rights of way problems
- Ride-UK.org.uk — a database of promoted routes suitable for horse riders and reasoning for creation of more bridleroutes
- Photographs of some RUPPs at the British Geograph project
- Photographs of some Byways at the British Geograph project
- Photographs of some UK bridleways at the British Geograph project
- Bridleways.co.uk — a database of national routes suitable for horse riders