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).