Public Rights of Way in England and Wales

What is a public right of way?

A public right of way is a route that anyone can use to pass through land, regardless of who owns it, subject to the specific rights that apply to that particular path. Many of these routes have historical origins dating back centuries and are protected by law. The landowner cannot stop people using them, even if the path runs through their garden or across their fields, though temporary closures may be authorised for roadworks, utility repairs or specific land management practices approved by the local authority.

You can find rights of way marked on Ordnance Survey maps, in local walking guides, and on your council's definitive map. Many are also marked on the ground with wooden signposts or coloured arrows.

There are four main types:

• Footpaths: for walking only
• Bridleways: for walking, horse riding and cycling
• Restricted byways: for walking, horse riding, cycling and non-motorised vehicles such as horse-drawn carts
• Byways open to all traffic: for any form of transport, including motor vehicles

The type of right of way determines what you can legally do on it. Using a motorised vehicle on a footpath, bridleway or restricted byway is a criminal offence that can result in fines and seizure of the vehicle. This includes dirt bikes and quad bikes. Police in many areas actively target illegal off-road riding due to the noise and disruption it causes to residents and walkers.

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Responsibilities of landowners

If a public right of way crosses your land, you have legal duties under the Highways Act 1980 to keep it accessible. You cannot block the route, lock gates that should remain open, or allow vegetation to grow over the path.

Your responsibilities will usually include:

• Keeping the path clear of obstructions such as fences, vehicles or building materials
• Cutting back hedges, trees and crops that overhang or block the route
• Maintaining any gates or stiles that you have installed or that exist within your land boundaries
• Not ploughing or disturbing the surface of a footpath or bridleway unless it crosses a field, and then restoring it within 14 days for the first disturbance or 24 hours for subsequent disturbances in the same growing season
• Ensuring any animals on your land do not intimidate or endanger people using the path

Public rights of way have a legal minimum width, which varies by type. A cross-field footpath must be at least one metre wide, while a headland footpath along the edge of a field must be 1.5 metres. Bridleways require greater widths. Landowners must not plough, crop or obstruct within these limits.

The local highway authority, usually your county council or unitary authority, is responsible for signposting routes where they leave a road. Responsibility for surface maintenance varies according to local agreements and historical practice, but the day to day duty to keep the path clear of obstructions typically falls to the landowner.

If you are unsure about your obligations, your local council's rights of way team can advise you.

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What to do if a right of way is blocked

Obstructed paths can lead to misunderstandings or disputes between neighbours. Someone may have parked across a route, erected a fence, or allowed their hedge to grow across the path entirely.

Your first step should be to speak to the person responsible if you feel comfortable doing so. They may not realise they are causing a problem, or may have misunderstood where the right of way runs.

If that does not resolve things, report the obstruction to your local council. Every council has a duty to protect rights of way and can take enforcement action against landowners who block them. This may include serving a notice requiring them to remove the obstruction. If they fail to comply, the council can do the work itself and recover the costs.

You can also report problems to the Ramblers, who campaign for access to the countryside. They maintain a network of volunteers who monitor paths and work with local authorities to resolve access issues.

In theory, members of the public have the right to remove just enough of an obstruction to get past, but this can lead to confrontation and is rarely advisable. Letting the authorities handle it is almost always the better approach.

Disputes and changes to rights of way

Landowners sometimes want to move or close a right of way. This requires a formal legal process under the Highways Act 1980 or the Town and Country Planning Act 1990. You cannot simply stop maintaining a route and assume it will disappear from the map.

Applications to divert or extinguish a right of way go through the local council or, in some cases, the Planning Inspectorate. The public has the right to object, and applications are often contested.

Temporary diversions for events, building works or land management can sometimes be arranged without a formal application. Landowners must apply to the highway authority and provide adequate notice to the public, usually through signs at each end of the affected section.

If you believe a route should be recorded as a right of way but is not currently on the definitive map, you can apply to have it added. You will need to provide evidence that the public has used the route without permission, force or secrecy for at least 20 years.

For detailed guidance on the legal framework around public rights of way, visit GOV.UK or contact your local council's rights of way officer. The Open Spaces Society also publishes useful guides for anyone dealing with access disputes.

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