Public rights of way

Public rights of way are public highways that are legally protected in the same way as roads. There are three different types of public rights of way, allowing different activities. Find out about your rights and what to do if you have problems using a public right of way.

What is a public right of way?

A public right of way is:

a highway which any members of the public may use as of right; not a priviledge granted by the landowner
may be created specifically or through 'deemed dedication' (by the public openly using a path for a period of time, in some circumstances, for as little as a few years) with the knowledge of the landowner
may be limited to certain types of user, for example walkers only or walkers and horse riders
is a permanent legal entity and remains in existence unless and until the path is extinguished or diverted by due legal process
must be respected by the occupier and landowner who should do nothing to obstruct the right of way or prevent or intimidate anyone from exercising their rights of passage

The maxim is: Once a highway, always a highway.

A public right of way does not include a road or any other way which is maintained by a government department.

Types of public rights of way

There are three different types of public rights of way. These may be marked along their route with signposts.

footpath – open to walkers only
bridleway – open to walkers and horse-riders
carriageway – open to walkers, cyclists, horse-riders, horse-drawn vehicles and motor vehicles

Who is responsible for public rights of way?

Each district council has a specific duty to assert, protect and keep open any public right of way and to compile and preserve maps and other records of the rights of way in its area. In effect, therefore, the council must enforce the public’s common law rights of passage and investigate and record where those rights exist.

The duty to assert public rights of way is one the council’s most important duties. It is the basis on which the council can establish, and make known to farmers and landowners and the public, what public rights of way exist, where they run and how they can legally be used.

In addition, the council will frequently need to assert a path as public right of way before it can take action to protect the path, or to allow the route to be signposted, improved and promoted. This is necessary both to determine the precise line and status of the path, and to ensure that the council is acting correctly and within the powers that are available to it.

The District Council’s duties and powers

Councils have a duty to:

assert, protect and keep open and free from obstruction any public right of way
compile and preserve maps of the rights of way in its area
signpost paths, where necessary, to help anyone who does not know the area
contribute at least a quarter of the cost of maintaining stiles and gates

Councils have a right to:

maintain any public right of way
establish new rights of way by agreement
make orders to divert, extinguish or create paths, and confirm unopposed orders
make and confirm orders temporarily to divert or close any public right of way
authorise the erection of new stiles and gates
take legal proceeding
in some circumstances, act in default of the landowner and recover its costs

Landowners duties and powers

If you have a public right of way on your land; you have certain responsibilities for that right of way, and powers that you are eligible to use.

Landowners have a duty to:

maintain stiles and gates so they are safe and convenient to use
not permit a bull to be at large in a field where there is a public right of way, except a bull that is under 11 months old, or is not a recognised dairy breed and is with cows or heifers
not put up a notice likely to deter use of a right of way

Landowners have a right to:

put up, with the council’s permission, additional stiles and gates where they are needed to restrict animals
claim back a quarter of the costs of repairs to existing stiles and gates (from the council)
plough a right of way across agricultural land (but not along the sides of a field) providing a) it is necessary, b) the council is notified within 7 days, and iii) the surface is restored, normally within 14 days
apply for the temporary diversion or closure of a path for up to 3 months (from the council)

The general public’s rights

The general public has a right to:

be made aware of any orders that are made permanently to divert, extinguish or create a public right of way or to give a right of access to open country
object to such orders and be heard by a person appointed by the Department
ride a pedal cycle on any public right of way created or diverted under the Access Order (ie on a `public path’)

Who to contact about Public Rights of Way

If you have any questions or queries about public rights of way please contact the relevant council area.

Contact your local council

Permissive access

Some landowners may let you access their land for walking, cycling or horse-riding. This is known as permissive access as they have entered into a permissive path agreement.

A permissive path is not a public right of way and can be provided on whatever terms and conditions, be subject to whatever limitations and endure for whatever period of time the council and landowner are willing to agree.

To find out about permissive path agreements in your area contact your local council authority.