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Public Rights of Way in England and Wales

By: Abigail Taylor - Updated: 24 Aug 2023 | comments*Discuss
 
Footpath Right Of Way Access Public Land

A public right of way is a path, road or track that is open for use by anyone. They can be found in guide books, on ordinance survey maps and on local council websites. Rights of way are also often marked with a wooden sign post or with a coloured arrow.

There are a number of different types of rights of way:

  • Footpaths: Only allow travel by foot
  • Bridleways: Only allow travel by foot, horse or bicycle
  • Restricted Byways: Allow travel by any form of transport that does not have a motor
  • Public Byways: Allow use any form of transport, including cars

Be aware that dirt bikes have a motor and so are not allowed on restricted byways, footpaths or bridleways. Due to their noise, police have in recent times been particularly swift to clamp down on the unauthorised use of dirt bikes. For information about where you can ride a dirt bike, visit here.

Obligations of Land Owners

If you own or maintain land on which there is a public right of way, you are responsible for keeping it accessible and useable. This will generally include a duty to:
  • Not Obstruct the Right of Way
  • Ensure that any brambles / hedgerows etc are kept cut back to enable access
  • Ensure that any hazards (such as electric fences) are clearly marked as such and steps are taken to ensure that members of the public can still pass safely.

If you encounter a problem with a right of way being obstructed or impassable, you should report it to your local highway authority. If you are in woodland, you may also contact the Forestry Commission. If you are in a National Park, you can contact the National Park Authority.

Changing a Public Right of Way

Local Councils can alter routes, create new routes and even abolish routes. If you think that there should be a new route, or that a right of way should be changed or removed, you can apply to your local council at www.gov.uk/find-your-local-council

Local councils will generally consider the following:

  • Making a new route if there is a clear need (for example to link two villages when there is no other direct footpath between them and following the road would add a considerable distance for walkers).
  • Removing a route if it can be shown that this has a direct link to crime (for example if it is regularly used to provide access to the rear of properties for the commission of burglaries).
  • Change a route to go round the edge of a field rather than directly through it, as long as this does not create a large detour and would still be convenient for members of the public.

Open Access Land

Some land in England and Wales, you may use without having to follow pre-determined paths. This is often called the "right to roam". On this land, you can walk and rock climb. You may not however horse ride, cycle, camp or fish unless the land owner permits it. Open access is usually signed to show what you can/can't do there.

Some public land does not allow a "right to roam" and so you must use pre-determined paths / roads. This includes:

  • Land containing railways
  • Land that is used to grow food
  • Golf courses and race courses
  • Land that is less than 20m from a residential property or property housing livestock
  • Military land

If you are using public access land, you must:

  • Not commit any criminal offence including criminal damage
  • Not light a fire
  • Not kill or disturb animals, birds or fish
  • Between 1 March and 31 July, keep any dogs on a short lead of less than 2m, and also at any time when near livestock.
  • Leave any gates as you find them

The full Countryside Code can be found at www.ramblers.org.uk and is often signposted on all public access land.

Obligations on Land Owners

As detailed above, the owner of any public access land must make sure that the land remains accessible and safe for use by members of the public.

In particular, land owners must:

  • Maintain any stiles/gates
  • Cut back overgrowing vegetation
  • Not obstruct use of the land
  • Only use pesticides approved for use on a right of way/open access land
  • Not keep any dairy bulls over 10 months old in a field with a right of way / open access to the public

It is however also up to users to take care for their own safety; in particular do not go too near cliff edges and do not swim in lakes / rivers. Land owners do not have to rope off or signpost obvious risks.

Does length of use create a right of way?

If you use a road or path for access for a number of years, are you entitled to keep using it?

If you use a path for access for 20 years or more without the legal owner objecting, the long useage creates a legal right of way. This is often called an “easement by prescription”. Therefore if a pathway down the side of a house has been used as a thorough-fare by the public for over twenty years, it will likely now be a right of way and so should not be blocked.

The exception to this is if the use of the land, no matter how long for, was criminal. For example driving over someone else’s land can sometimes be a criminal offence as well as a civil trespass. This is because the law does not allow you to profit from your own criminality. Note that if the land owner gave you permission, this would not be a criminal act as you have “lawful authority” for the use.

Conversely if a designated right of way is not used for a period of 20 or more years, it does not cease to be a right of way. In England and Wales, a public right of way will exist indefinitely unless the path is destroyed (such as by erosion), or is closed by official order (for example if it is linked with crime).

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We purchased a house with a 3.5m access way on the side. Our legal searches showed it a as a public bridle way. However,just before we commenced our renovation project the adjacent neighbours objected stating the land was privately owned and each house owned the strip at the end of their garden.We checked the deeds to validate. It states that right of way has to be clear. Our deeds does not state any access. The neighbours are objecting to allow us to put bridge scaffolding up (this will cause zero obstruction to the access way) and permit us to use the access way for any reason at all. We only want access for 4 weeks. The have since tired to get a court injunction and park their car there sowe are unable to build calling it a safety risk. They have also rectified a 6ft high metal gate to stop us coming on the land. Is there anything we can do to get around this. They have now admitted they don't approve of our build but the council have granted permission. Pls advise.
Sue - 24-Aug-23 @ 6:34 PM
There is a public footpath running through a neighbouring field which then comes down my drive and ends on my front lawn! Would it be easy to get this part removed?
Katy73 - 9-Jan-23 @ 8:02 AM
Does anybody actually get a reply from this site?
Lisa - 12-Jul-21 @ 5:26 PM
I live in the middle of a row of terraced houses on a busy A road. Due to its location, sometimes we cannot park our car outside our house. The end house in the terrace has a patch of land beside it followed by another stretch of houses and so on. The patch of land gives vehicle access to the rear of the terrace and also onto a local field, through to other houses etc. The owner of the end house flatly refuses to let anyone park their car beside his fence on the patch of land, claiming its his land. He has rear access to a garage within his boundary and a notice at the the front asking people not to block his driveway. How can I find out 1. Who the land in between the terraces belongs to. 2. If he has the right to 'bully' people into not parking next to his fence (not blocking his driveway)
Pam - 26-Jun-21 @ 8:31 PM
Our terrace used to be totally council tenants , now that is not the case only three council tenants remain the rest being private ownership. We have. R .O.w that passes directly behind our house and splits our back door entrance from our garden entrance , although used daily by the tenants not the general public , now mostlyall the old guard have died the terrace has become a nightmare kids whizzing up and down on electric scooters,bikes , screaming and shouting no child was ever allowed to do this even my own ,it was a nice area in a quite village ,can I ask these people to keep there children under control in there own gardens( which are at least 120 ft long )as my solicitor said when we bought the house we also bought the strip between our back door and our garden fence , so do I have the right to ask these peoplenot to let their kids play on my bit of land as it is for access only ,not a playground and if I get injured being elderly it will break something do I sue the tenant or the council ?
Daisy - 2-Jun-21 @ 7:56 PM
Our terrace used to be totally council tenants , now that is not the case only three council tenants remain the rest being private ownership. We have. R .O.w that passes directly behind our house and splits our back door entrance from our garden entrance , although used daily by the tenants not the general public , now mostlyall the old guard have died the terrace has become a nightmare kids whizzing up and down on electric scooters,bikes , screaming and shouting no child was ever allowed to do this even my own ,it was a nice area in a quite village ,can I ask these people to keep there children under control in there own gardens( which are at least 120 ft long )as my solicitor said when we bought the house we also bought the strip between our back door and our garden fence , so do I have the right to ask these peoplenot to let their kids play on my bit of land as it is for access only ,not a playground and if I get injured being elderly it will break something do I sue the tenant or the council ?
Daisy - 2-Jun-21 @ 10:28 AM
We have a public footpath that runs outside of our front gate that is part of the Lawrence trail in Dorset the section of path that passes my property is owned by the MOD. The path is heavily used by people walking and is also very popular with horse riders, the aforementioned have no regard for other path users and as far as I understand the riding of horses is forbidden on footpaths, the MOD line is that it is our ground and we decide who uses it. Can someone confirm both of my queries 1. Hoses on footpaths 2 MOD are they correct.
Grumpy - 23-May-21 @ 3:23 PM
I was wondering if someone can help me. My partner and me brought a new build house that is on a public foot path. We are 90% sure we are meant to have fence railings around our home due to this but our buildings are not providing us with the plans of our home which we have brought can anyone help in finding out if this would be the case. Thanks
Han - 21-May-21 @ 3:23 PM
I've got a neighbour that keeps blocking the only footpath to my house. It looks like I have no rights under the Law. Three times they've blocked it today. Can anyone recommend a legal solution. They've been doing this for 10 years. Know one seems to care or help. I've been told by the police some cases have been going on for 15 years or more. Are we not protected by law.
Magic - 11-May-21 @ 12:30 PM
Hi there, was hoping anyone could help me please. My neighbour who is not the registered owner,is planning to have an electrical cable erected overhead from his house to his shed. This will be running above our shared access and in front of mine and other neighbours house. he hasn’t asked anyone for permission to have the work done. Obviously, we do not want a cable to run across in front of our homes, so how do we stop him. Are there any official guidelines out there, that would help me to quote to him before he goes a head, ie. under the......act, you are not permitted to have this done without our consent. Please help. Your help in this matter will be greatly appreciated. Mark
Mark - 8-May-21 @ 4:55 PM
Hi we have been using a forestry track along with 3 other houses for over 40 years we want to sell the property but the forestry now want a right of access fee of 20 thousand pounds is this legal
Bubbly - 23-Apr-21 @ 10:35 PM
Please can you tell me is something that was that Nail isn’t but he is planning to get reinstated why is this so ....In the 1700 The first LBW took place on a particular park now this happened it’s a landmark is the historical event but yet we cannot have a cricket pitch reinstated to inspire to relive that event through Childs eyes to provide inspiration for the youth. But a public park is common land and what was could be reinstated without planning permission because it happened it really happened so why am I Council asking for planning commission for something that really happened we need to place??
Lawless - 19-Apr-21 @ 7:11 AM
Hi, I have used a 200m driveway which is owned by a household but is shared with my stables as it is direct access. Once a week I walk down the road as a cat is not available. Last week I was told by the owners of the drive that I was not allowed to walk down the road but must use the footpath which would be 25 minutes longer, in the pitch black, when I have walked down the shared driveway (but owned by them) for 5 years with no problem and we don’t have a great deal of cars go down. Are they allowed to stop me walking down the drive? Thank you.
Morgan - 25-Nov-20 @ 7:31 AM
Hello there I had a nasty fall on some concrete slabs in march 2018. It turns out that the land in which the steps are situated is owned privately but there a public right of way so I've been told. I tried to make a compensation claim because of how serious my injuries were and because the diabolical state that the steps are in. I've been told there's nothing can be done for my claim as it's a public right of way. So basically the landlord is allowed to leave the steps as they are knowing lots of people use them and risk an injury like I did and can just get away with it. Is this correct? Any advice or help would be very much appreciated. TIAMatt
Matt - 15-Oct-20 @ 1:24 PM
I live in a private cul-de-sac where I have equal shared ownership of the shared access driveway with 3 other properties. However, there is an anomaly whereby a property owner on the road behind us has access rights over it to get to and fro from a garage - he has no ownership rights at all only access rights to the garage and this is contained as a clause in all our deeds. Over the recent past he has used this as an open access to the back of his property, where there is gate, for a variety of things - can he do this?For example he built an extension to his property approx 3 years ago and all the building supplies were delivered to the back near his garage and we endured heavy delivery vehicles and endless workmen accessing his property again from the back, plus the parking of vehicles, all using our private driveway. At no time did he ask permission. Now this week more outside work is going on at his property and there have been more deliveries to the back of his property and a skip is in-situ in front of his garage adjacent to our private shared driveway, which is an eyesore and has already been emptied and replaced with another one on 2 occasions. Again, no permission has been sought from us. He also allows his 3 children to come and go via this back entrance and to ride their bikes around in our private driveway.I have had enough and just wonder what is the best way to handle this, as he is a very nasty man as we have found out in the past to our cost!Can anyone please advise us on this issue?
Warby - 24-Sep-20 @ 5:59 PM
hi there,i would like to know everybody stands by law,me and residents have been using a access point in our avenue to a bridle path for over 57 years,but its not the proper access route, its quarter of a mile away,the council have sign posted the access as a public footpath,now the access point we us is the old garages of the council as there derlict, now they are proposing to flatten the garages and fill the spaces with two bungalows,and fence off the access ,were do us residents stand on this,please advise thanks neil.
big magoo - 27-Jul-20 @ 5:12 PM
I have asked our local park committee if we are able to ride our horses through our park , only on the pathways not on the greens, they would be a lot safer than going through the main streets. They replied with a definite no they gave no reason or facts to support this stance. Would you please explain to me the reasoning behind this decision as it’s in the bylaws for England and Wales that we can. The roads around here are rural and drive well above the speed limits makingit dangerous, I have already been clipped by a lorry who refused to slow down while on a horse it could have killed us both. Our local community park council ( Pontyberem) Are not replying to me and I would like to know why I pay my council taxes ?
Nonr - 24-Jun-20 @ 8:15 PM
Can anyone help we have walked around a field and surrounding woods for 40 years and now the farmer has blocked every opening with wood covered in cow excrement and said we can't use the area. Can he do this and does the fact that we have used it without any issues for all these years count
Mandy - 1-Jun-20 @ 1:00 PM
I have a narrow drive, to which my neighbour has the same and there is a walk way between our drives, this is a walkway for my neighbour and their neighbour. I've had my house 5 years. A long time ago the path was taken away and their drive extend ended in order for the older residents that lived in mine and their houses, to drive their caravans up the drive. However, it is now used for my neighbours visiting family, who block the walkway as they park outside the side door, leads right onto the drive. Also their neighbours park at the top of their drive, they have 2 cars, and if someone parks outside their house they park their second car on that said path, blocking any access. There has never been an issue till recently. Myself, children and friends were on the path and their drive (3 year old on a bike, never been an issues), yet the lady was very angry later and made other tales up, kids picking flowers (not true) and she is isolating from Corona6, which is true till her family come over, Daily!!. I accepted her concerns and stated for her to tell me straight away if there is an issue in order for me to correct it, and also stated we have right to access, which she very angrily pointed out the pathway. It's really gotten to me as our accessed is denied often due to her family visiting and using the whole space as a drive, which it isnt. I use this access everyday to take the children out (one in a pram) and take the bins out (our drive being done up) but my neighbour would have the same issue! What can I do? I would rather the path be back in place and used as access only, not a free for all for them and their family.
S - 11-May-20 @ 8:12 AM
A new landowner of fields close to us has just blocked off and moved a very old footpath and totally destroyed an ancient stone stile with his J CB.We and lots of our neighbors have walked our dogs through these fields for over 20 years surely there is a law to stop him doing this! He has also blocked this path off with a double stranded ,barbed wire fence. He has moved this path, not for our benefit but totally for his own with no thought for the Country Code of keeping footpaths open! Is there any way we can object? Sue Humphreys April 2020
Sue - 18-Apr-20 @ 5:21 PM
This is to Sharon Conner - we have the same problem with a bridlepath (which is actually our driveway)going right by our house of course - Countryside Alliance have rules for 'right of way' during Covid 19 and they suggest on there that people perhaps should now avoid footpaths going right by properties or through gardens/farm yards - perhaps print this out and put it on your gate.I've done this, but you still find people seem to forget we are going through a pandemic... which is unfair to us folk living by it as everyone and his dog seems to walk pass us and then we have to hide in the back garden.I wish I could get rid of it to be honest.
mathilda - 12-Apr-20 @ 3:56 PM
I have a public footpath through my garden, which comes close to my house. Where do I stand as regards to people accessing it during the corona virus situation?
Sharon Conner - 29-Mar-20 @ 9:23 AM
We have owned a house in a small village for 28 years and the people before us for 10 years. There has always been a grassed front garden. Many years ago apparently there was a cobbled footpath in front of the property. (Underneath the said grassed area) There has been no right of way across the area for more than nearly 40 years possibly more.Because a school near us is growing the council are looking to reopen a footpath that is away from the road. Can they make us dig up the garden for this footpath which would run right below our windows and right through our front garden.
Aspen - 29-Feb-20 @ 7:17 PM
I need help as I have the police knocking my door 5 times so far because I'm walking on a footpath at night with my torch. First of all, I just want to clear one thing up, I have two dogs both are small to medium size and are very well looked after, never ever do i let them off the lead during our walks. I live in a small village with a main road running through it. I was walking on the edge of an unused field 4 meters from my home as i have done for years and years but after the estate was sold to a new owner about four years ago the area, in general, has become very hostile with gamekeepers patroling the footpaths on quade bikes making them unpassable for us older folk, when i was told i could not use the field by the farmer. I know it is his land so he is in full right to say what he wants and i should not be there, So i told him i will walk the footpaths at night then as one of my dogs has seizures and to walk the main road in the day with the busy traffic would just be to dangerous in case he has a seizures, of which he replied "if you stray off the footpaths or scare any of the pheasants" i will throw you off the land. First time i ever met this chap and that's his attitude. I now 100% only walk on the public rights of way, but i do walk them at night due to the busy main road, I use a small handheld torch to see where i am going, I am 52 years old and my eyesight is not very good but i can manage. on one occasion while doing my 10 pm walk i was followed into the woods by 3 farmers/gamekeepers while on the footpath walking towards my home 1 mile away from the farm, I told them it was harassment and one said "you are lamping the trees" then they vanished, I shouted towards their last known location "I HOPE NONE OF YOU HOLD A FIREARMS LICENCE" Then i carried on walking home. i have been harassed 3 times so far by the same farm for walking on the Public rights of way. This is where i need advice. The police have knocked my door 5 times stating that the farmer is thinking about getting me charged with harassment due to my torch lighting up the trees and buildings along the footpaths. I told the police it was the farmer harassing me following me into the woods that are not even near the farm. the woman officer said "they showed me the video and it would have scared me if i was there. i said but i didn't do anything, She said you were shouting back at them, I said ok then you would also know the direction they were videoing and that was the direction back to my home so they were harassing and following me as shown in their video, She then said i only see a little bit of the video. The woman officer said her Sargent will have words with me and that i may have some case to answer to. she also said i need to walk the footpath with my torch beam at my feet in the lowest setting and half the beam lens covered with my hand, If i do this it will be extremely dangerous due to the paths I'm walking on are up to a foot deep in mu
PROW - 8-Dec-19 @ 3:32 PM
I have lived for 23 years at the end of a row of four terraced houses. There are new occupants in the last house next to me. I have enjoyed free access to my right of way from a pathway which runs along the side of the terrace The new people have put a pile of large stones across the centre of the pathway prior to wanting to erect a gate to which they say I would have a code to open it. I don't think this is right as it removes free access to anyone who wants to reach the back of my house. Thank you
maggie - 14-Nov-19 @ 10:58 PM
Hello I have an archway run underneath of our house and have to leave my neighbour 4ft of access would I be able to fence an area off as long as I leave the neighbours the 4ft of access?
DKS - 29-Oct-19 @ 6:43 PM
Hello. So my issue is this, along side my house (up my drive) leads to a public footpath, people use (mainly through the summer months as it gets overgrown and extremely muddy in wetter months) as a route to fields to walk their dogs-which is fine and I accepted this when I took on the tenancy of the house (private tent) We have a cat and a dog whom I do not let outside freely as she has become protective and temperamental as she see other dogs as in ‘her territory. Natural I suppose.. she has on occasion got out and ‘attacked (a dog-one in particular on a couple of occasions) leading to strife with a neighbouring resident. Understandable. I am considering fencing a 3ft perimeter up my drive for anyone to gain access to the footpath which means I won’t be able to use it any longer as a driveway, as I was told by said resident she is to complain to the council and she has all rights. Is my plan correct to erect a fence or do I have any rights as a tennent to save the expense. Also this footpath is a haven for burglars escapes which have used it several times to gain access to stables (behind attached to my house) and break in to my neighbours property and we are frankly sick of it. I asked a council official if it could be closed as it is used infrequently anyway and he told me to basically forget it. Please advise. Regards
G - 26-Mar-19 @ 11:47 PM
Hello. So my issue is this, along side my house (up my drive) leads to a public footpath, people use (mainly through the summer months as it gets overgrown and extremely muddy in wetter months) as a route to fields to walk their dogs-which is fine and I accepted this when I took on the tenancy of the house (private tent) We have a cat and a dog whom I do not let outside freely as she has become protective and temperamental as she see other dogs as in ‘her territory. Natural I suppose.. she has on occasion got out and ‘attacked (a dog-one in particular on a couple of occasions) leading to strife with a neighbouring resident. Understandable. I am considering fencing a 3ft perimeter up my drive for anyone to gain access to the footpath which means I won’t be able to use it any longer as a driveway, as I was told by said resident she is to complain to the council and she has all rights. Is my plan correct to erect a fence or do I have any rights as a tennent to save the expense. Also this footpath is a haven for burglars escapes which have used it several times to gain access to stables (behind attached to my house) and break in to my neighbours property and we are frankly sick of it. I asked a council official if it could be closed as it is used infrequently anyway and he told me to basically forget it. Please advise. Regards
G - 26-Mar-19 @ 11:10 PM
I have a public footpath running through my garden What right do I have with people letting their dogs mess in my garden and not picking it up Also they leave the gate open and I have had to restrict my dogs from this area to stop them getting out And lastly the public right of runs through a ford but people to save going through the water are diverting into my land and going over my bridge ( bridge installed 5 years ago for my car to acces my land ) Can I install a style instead of gate Can I install a gate on my bridge and force people through the ford ( even when the water is flooding)
Sparky - 16-Feb-19 @ 10:11 AM
I live in a mid terraced housing association house, and have a gate with car spaces (for residents only) and continuously have cars parked there,so if I wanted to take the bins out or hire a skip, I can't because they are blocking access to my garden. The last person to park there is a friend of my daughter's and I said he could park it there temporarily, but when I told him to move it because I need the space for skip hire, he's been ignoring me.
Craftyclaws - 21-Aug-18 @ 9:01 PM
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