| ALL
ABOUT FOOTPATHS and a little on FOOTPATH LAW |
| A
RIGHT of WAY
is a
path that anyone has the legal right to use on foot, and
sometimes using other modes of transport. |
There
are three main types of right of way:
- Public
footpaths are open only to walkers
- Public
bridleways are open to walkers, horse-riders
and pedal cyclists
- Byways
Open to All Traffic (BOATs) are open to all
classes of traffic including motor vehicles, though
they may not be maintained to the same standard as ordinary
roads
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Your
legal right is to "pass
and repass along the way". You may stop
to rest or admire the view, or to consume refreshments,
providing you stay on the path and do not cause an obstruction.
You can also take with you a "natural accompaniment" which
includes a pram, pushchair or wheelchair (though you may
find the surface of the path is not always suitable), or
a dog. However,
you should ensure that dogs are under close control. Note
that there is no requirement for stiles to be suitable for
use by dogs.
A person who strays from a
right of way, or uses it other than for
passing and repassing commits
trespass against the landowner. |
On most
maps you will still find "RUPP"s
marked. These 'roads used
as a public path' are an obscure class of
right of that are usually unsurfaced and may or may not
carry vehicular rights. Because of this uncertainty all
RUPPs are due to be reclassified. This process will be speeded
up by new legislation set out in the Countryside and Rights
of Way Act 2000. When the new provision comes into operation
all RUPPs will be automatically reclassified as 'restricted
byways'. On a restricted byway the public will
have a right of way on foot, on horseback or leading a horse,
and a right of way for vehicles other than mechanically
propelled vehicles, so there will be a right to ride pedal
cycles and to drive horse-drawn vehicles. |
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In
most cases, trespass is a civil rather than a criminal matter.
A landowner may use "reasonable force" to compel a trespasser
to leave, but not more than is reasonably necessary. Unless
injury to the property can be proven, a
landowner could probably only
recover nominal damages by suing for trespass.
But of course you might have to meet the landowner's legal
costs. Thus a notice saying "Trespassers will be Prosecuted",
aimed for instance at keeping you off a private drive, is
usually meaningless. Criminal prosecution could only arise
if you trespass and damage property. However, under public
order law, trespassing with an intention to reside may be
a criminal offence under some circumstances. It is also
a criminal offence to trespass on railway land and sometimes
on military training land. |
|
Public
rights of way information is shown by the Ordnance
Survey on its Explorer and Pathfinder maps.
This information is generally accurate and
regularly updated but the safest evidence of a public right
of way is the official 'definitive
map'. These maps are available for public inspection
at the offices of local highway authorities. Some are also
available in libraries and some are sold by the councils
concerned. |
Some rights
of way are not yet shown on definitive maps. These can quite
properly be used, and application may be made to highway
authorities for them to be added to the map. The inner London
boroughs are not required to produce definitive maps, though
this does not mean there are no rights of way in inner London. |
There
are many paths that the public is able to use that are not
legally rights of way and do not enjoy the same protection.
One of the main types of these are permissive
paths and some of
them, particularly in areas well visited by the public,
are maked by orange dashes on ordnance survey maps.
Another type are paths crossing public parks and
open spaces, commons and other sites to which the public
has formal or de facto access. (Some of these are
rights of Way)
Yet another type are towpaths, paths across land owned by
organisations such as the Forestry
Commission and National Trust
who have a policy of providing access, and off-road multi-user
routes such as those created as part of the Sustrans
National Cycle Network. (Again some may be rights of way)
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The permissive
routes, are open to the public because the owner has given
permission for them to be used: often there is a notice
on the path making clear the owner has no intention of dedicating
the path as a right of way, and reserving the right to withdraw
the permission. These paths are sometimes closed for one
day a year, with a view to preventing claims that they are
rights of way.
The Countryside and Rights of Way Act 2000 will, when it
is fully implemented, provide a new form of legal protection
for public access to open countryside and common land in
addition to the existing provisions for rights of way. More
about Freedom to Roam. |
| In
legal theory
most paths become rights of way because the owner "dedicates"
them to public use. In fact very few paths have been formally
dedicated, but the law assumes that if the public uses a
path without interference for some period of time - set
by statute at 20 years - then the owner had intended to
dedicate it as a right of way.
A public
path that has been unused for 20 years does not cease to
be public (except in Scotland). The legal
maxim is "once a highway, always a highway".
Paths can also be created
by agreement between local authorities and owners or by
compulsory order, subject, in the case of objection, to
confirmation by the Secretary of State for the Environment,
Food and Rural Affairs, or the National Assembly for Wales.
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The surface
of the path is for most purposes considered to belong to
the highway authority. What this means is that the authority
owns the surface of the way and so much of the soil below
and the air above as is necessary for the control, protection
and maintenance of the highway. The rest normally belongs
to the owner of the surrounding land. |
| Horse
riders have a right to use bridleways
and byways. They have no right to use footpaths
and if they do so they are committing a trespass against
the owner of the land, unless the use is by permission.
If use of a footpath by riders becomes a nuisance the local
authority can ban them with a traffic regulation order.
This makes such use a criminal offence rather than an act
of trespass.
Pedal cyclists
have a right to use bridleways
and byways, but on bridleways they must
give way to walkers and riders. Like horse riders, they
have no right to use footpaths and if they do so they are
committing a trespass against the owner of the land, unless
use is by permission. As with horse-riding, use of any right
of way by cyclists can be controlled by traffic regulation
orders and byelaws imposed by local authorities. Infringement
of byelaws or orders is a criminal offence. Under the Highways
Act 1835, it is an offence to ride a bicycle on the pavement
at the side of a road, and under the Fixed Penalty Offences
Order 1999 a person who rides on a pavement can be fined
on the spot by a police officer. |
Anyone
who drives a motor vehicle
on a footpath or bridleway without permission
is committing an offence.
This does not apply if the driver stays within 15 yards
of the road, only goes on the path to park and does not
obstruct the right of passage. The owner of the land, however,
can still order vehicles off even within 15 yards from the
road. Races or speed trials on paths are forbidden. Permission
for other types of trials on paths may be sought from the
local authority, if the landowner consents. |
The
council that has principle responsibility
for rights of way in a particular area,
known as the Highway Authority,
is either
- the County Council
- the Unitary Authority,
or
- the London or Metropolitan
Borough Council
These councils are also surveying
authorities, which have the duty to prepare and maintain
the definitive map (except in inner London).
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The Highway
Authorities may sometimes assign some of their responsibilities
to other authorities. District councils may, by agreement,
take over path maintenance and other duties from county
councils. Parish and community councils also have the power
to maintain paths (see the RA leaflet Paths for People under
Footpath
Law and Access). In National Parks, the National Park
Authority sometimes takes over some or all of the responsibilities
for rights of way.
As well
as preparing and maintaining the definitive maps, highway
authorities have a general duty "to assert and protect the
rights of the public to the use and enjoyment" of paths
in their area. They are legally responsible for maintaining
the surface of the path, including bridges, and keeping
it free of overgrowth. They have the power to require owners
to cut back overhanging growth from the side of a path. |
| A
path should be whatever width
was dedicated for public use. This width may have arisen
through usage, or by formal agreement, or by order, for
example if the path has been diverted. The width may be
recorded in the statement accompanying the definitive map
but in many cases the proper width will be a matter of past
practice on that particular path. Note the width of the
right of way itself may be greater, or sometimes less, than
the width of any track or hard-surfaced strip along the
route. |
Paths
are numbered
and are shown on the definitive maps. (Occasionaslly you
will also see these numbers used on signs and waymarks).
Different local authorities use different systems of numbering,
and paths are often numbered on a parish or community basis,
so path numbers are not very useful as an aid to navigation,
only as a means of referring to an individual path for legal
purposes. |
| Highway
authorities
have a duty to put up signposts
at all junctions of footpaths, bridleways and byways with
metalled roads. The signs must show whether a path is a
footpath, bridleway or byway and may also show other information
such as destination and distance.
Highway authorities
also have a duty to waymark
paths along the route so far as they consider
it appropriate |
Waymarking
is a means of indicating the line or direction of a path
away from metalled roads at points where it may be difficult
to follow. In Britain it is normally done with arrow markings
on gates, stiles and posts. The Countryside
Agency recommends a standard system of colour-coded
arrows - yellow for footpaths, blue for bridleways and red
for byways.
Waymarking is also used to indicate specially promoted routes
like long distance paths, circular walks, nature trails
and so on. Where these routes follow public rights of way,
the route name or logo is often used in addition to or in
combination with the standard waymark.
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| Maintaining
gates and stiles
on paths is primarily the owner's
responsibility, but the highway authority
(or the district council if it is maintaining the path)
must, in certain cases, contribute 25% of the cost if asked
and may contribute more if it wishes. If stiles and gates
are not kept in proper repair the authority can, after 14
days' notice, do the job itself and send the bill to the
owner. |
The landowner
cannot put up new gates and stiles where none exist presently
without seeking and getting permission from the highway
authority and then complying with any conditions to that
permission. |
| It
is illegal to plough up
or disturb the surface of a path so as to make it inconvenient
to use unless
the path is a footpath or bridleway running across
a field as opposed to running alongside
the field boundary. In this case the landowner can plough
or otherwise disturb the path surface provided it is not
reasonably convenient to avoid doing so. The path must
be restored within 24 hours of the disturbance,
or within two weeks if this is the first such disturbance
for a particular crop. The restored path must be reasonably
convenient to use, have a minimum width of 1m
for a footpath or 2m for a bridleway, or
the legal width if known, and its line must be clearly apparent
on the ground. |
If a path
surface has been disturbed but not restored a highway authority
may serve notice on the occupier and, if necessary, then
restore the path itself and send the bill to the occupier.
The authority may also prosecute the person responsible
for the disturbance.
The landowner
has a duty to prevent a crop
(other than grass) from making
the path difficult to find or follow. The
minimum widths for a field-edge
path are increased to 1.5m
for a footpath, 3m for a bridleway. You
have every right to walk through crops growing on or over
a path, but stick as close as you can to its correct line.
Report the problem to the highway authority: it has power
to prosecute the landowner or cut the crop and send the
owner the bill. |
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A path
obstruction is anything which interferes
with your right to use it, for example a barbed wire fence
across the path or a heap of manure dumped on it. Dense
undergrowth is not normally treated as an obstruction but
is dealt with under path maintenance
Highways authorities have a duty "to prevent as far as possible
the stopping up or obstruction" of paths.
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You can
remove an obstruction to get by provided
that you are a bona fide traveller on the path and
have not gone out for the specific purpose of moving the
obstruction, and that you remove only as much as is necessary
to get through. If you can easily go round the obstruction
without causing any damage, then you should do so. But report. the obstruction
to the highway authority and/or the RA. |
A farmer
can keep a bull in
a field crossed by a public path of up
to ten months old. Bulls over ten months
of a recognised dairy breed (Ayrshire, British Friesian,
British Holstein, Dairy Shorthorn, Guernsey, Jersey and
Kerry) are banned from fields crossed by public paths under
all circumstances. All other
bulls over ten months are banned unless
accompanied by cows or heifers.
If any bulls act in a way which endangers the public, an
offence may be committed under health and safety legislation. |
A landowner
cannot close or divert a path. This can only be carried
out by local authorities or central government. |
A highway
authority can make an order to close a path if
it considers the path is no longer needed for public use.
A notice must be published in a local paper and also
placed at both ends of the path. At least 28 days must be
allowed for objections. These must be heard at a public
inquiry taken by an inspector from the Planning Inspectorate,
or by private hearing, or they may be considered in writing
if the objectors agree.
The procedure for diversions
is the same as for closure orders. These may not
take place if the new route will be substantially
less convenient to the public than the existing
one, and account must also be taken of the effect the diversion
will have on public enjoyment of the path as a whole.
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If you
have any doubts about the legality of a change to a path,
contact the highway
authority.
Paths may also be closed or diverted "in order to enable
development to be carried out in accordance with planning
permission". There are also provisions for highway authorities
to apply to magistrates courts for closure or diversion
of paths, and for orders to be made in other circumstances
such as the construction of new roads, railways and reservoirs,
both on a permanent and temporary basis. Notice of temporary
orders must be given on site; however there is no specified
procedure for objections. |
A
misleading notice
is a notice calculated to deter you from using a public
right of way, for example, a notice saying PRIVATE
at the point where a path enters a park. Such notices
should be reported immediately to the highway authority.
They are illegal on paths shown on the definitive
map. |
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See opposite to |
Help
the Ramblers' Association deal with path problems
in the following ways |
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Ask
the farmer or landowner concerned to clear the obstruction.
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Take
part in Ramblers footpath clearance working parties.
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If the
problems persist, write to your local councillors about
them.
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Send
letters to local newspapers seeking support for any
representations you may be making.
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If the
authority fails to take action, consider complaining
to the local government ombudsman for England or
Wales.
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