Frequently Asked Questions
To assist you in understanding more about rights of way, here are some frequently asked questions and answers that we hope will provide you with the information you may require.
For all other queries please do not hesitate to contact us directly via one of the links on this website.
What is a public right of way?
It is a right possessed by the public, to pass along linear routes over land at all times. Although the land may be owned by a private individual, the public may still gain access across that land along a specific route. The mode of transport allowed differs according to what type of public right of way it is. Public rights of way are all highways in law, but the term "public rights of way" is generally used to cover more minor highways.What are the differences between the different types of public right of way? The following types exist:
- Footpaths: on which there is a right of way on foot.
- Bridleways: on which there is a right of way on foot, on horseback and leading a horse, with an additional right for cyclists provided that they give way to other users; in some cases also with a right to lead or drive animals.
- Restricted Byways: a new category created by CROW Ac 2000 with rights for all traffic except mechanically propelled vehicles. Byways Open to All Traffic (BOATs): highways that are mainly used for the purposes that footpaths and bridleways are used, but on which there is a right of way for all traffic.
- Cycle Tracks: paths with a right of way for all types of pedal cycles (not mopeds), including electrically-assisted cycles, with or without a right of access on foot. (However, cycle ways are not a type of right of way that have to be shown on a definitive map.
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What can I do on a public right of way?
This depends on the status of the route in question, but in general terms you are allowed to pass and re-pass as a genuine traveller. Wherever there is a right of way on foot there is also a right to have certain accompaniments, such as a pram or pushchair where accessible. You have no right to undertake unrelated activities such as metal-detecting or flying model aircraft.Back to top
Who is responsible for maintaining public rights of way?
Although, rarely, some paths are entirely privately maintainable, maintenance responsibilities are generally divided between highway authorities, landowners and occupiers as follows:- Highway authorities: surfaces (including natural ground vegetation), steps, handrails; some barriers, drains, most bridges and culverts; stepping stones, fords, signposts and waymarks.
- Landowners: stiles and gates (25% of reasonable costs to be contributed by highway authorities for authorised structures). Occupiers: restoration after ploughing, control of crops, and repair of damage caused by their vehicles on footpaths and bridleways. Landowners or occupiers: control of overhanging vegetation, maintenance of some drains, bridges and culverts.
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What can I do about an obstruction on a public right of way?
It is best to report it to your local Public Rights of Way Officer, preferably giving a grid reference and any other information that you have to help him or her locate it.Back to top
I am concerned about anti-social behaviour on a path near my house. What can be done about it?
This is initially a matter for the Police, as the people are really the problem rather than the path. You should also report the problem to the highway authority as sometimes matters can be helped by improving visibility and lighting. However in some circumstances where the problems are very severe and there is evidence that the path is a factor in the commission of serious crimes it may be possible to resolve the problem by officially closing or moving the path. For further details contact the Public Rights of Way Officer at your local highway authority.Back to top
Do I have a right to take a powered wheelchair on a public footpath or bridleway?
There is no right in law, but in practice most landowners will not object to their use on accessible paths.Back to top
What is the difference between a private right of way and a public right of way?
A private right of way is one limited to an individual or group, and usually connected with land holdings, when it may also be called an easement. It allows landowners and occupiers to get access to their land across land that is not in their own ownership. A public right of way may be used by everyone. The two often coincide; such as on farm access roads, when holders of the private right must not infringe the public right. Public rights of way officers do not deal with private rights unless there is some conflict with a public right, and otherwise queries about private rights should be addressed to a solicitor as it is a private issue rather than public issue.Back to top
What is a definitive map?
This is an official map of public rights of way maintained by each highway authority for its area. Together with the definitive statement it provides conclusive legal evidence of the existence of each public right of way that it shows, relating to a specific date (the relevant date). Councils use these maps as a legal reference for searches, maintenance and enforcement of legislation. There is now a requirement for all highway authorities in England and Wales to produce, keep, and keep under review a definitive map and statement. The only exception now is for the area that prior to 1965 was the London County Council area; very broadly this area is now covered by Inner London Boroughs.
Historically, there were other areas where there was no requirement to produce a definitive map, work is on-going to produce maps for these previously excluded areas. All legally existing public footpaths, public bridleways and byways open to all traffic should be shown on definitive maps, but there is still a lot of work to do to make sure that all maps are complete, accurate and up to date.
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What is a definitive statement?
This is a schedule (description) or collection of schedules of public rights of way that complements the definitive map describing the position of the rights of way shown on the definitive map, usually providing details of restrictions or limitations on the public's rights. These may include a maximum width, the presence of stiles or gates, or a right to plough the path. It is conclusive in law as to the particulars given.Back to top
How can I claim a public right of way that is not shown on the definitive map when I believe it should be?
Whilst the definitive map and statement are conclusive evidence of what they show, it does not follow that a route that is not shown on them is not a public right of way. Anyone may claim a public right of way by providing evidence and making application to the relevant highway authority. The process takes several months or, in some cases, years, but is worth pursuing in order to protect rights that could otherwise be lost. Contact the relevant highway authority for further information.Back to top
What is a modification order?
The definitive map and statement are not always complete, as historic rights of way may have been omitted, and new rights of way can be created. These may be added only by a formal process known as a modification order, which modifies the definitive map and statement. It is also possible for errors to exist on the definitive map and statement, and to remove rights that are wrongly recorded or change the way they are recorded also requires a modification order. Councils sometimes initiate such orders when they come across evidence that a change is needed. However, the public may apply for an order if they have gathered their own evidence. This often includes evidence of use of a route, and copies of historic maps and documents.Back to top
Can a public right of way be changed, and if so how do I go about getting a change made?
If the public right of way is a bridleway or footpath it may be possible to have it diverted under the Highways Act 1980. You will need to meet the legal criteria in the Act. You should approach your local council - district council or county council in a two-tier area - unitary or metropolitan council in other areas and seek advice from the rights of way officer.
If the right of way has to be moved because of development for which planning consent has been given, then the authority which gave the consent is able to make an order under the Town and Country Planning Act 1990 - this is a separate process to obtaining planning consent and it is very important to note that the granting of planning consent for development that affects a public right of way does not automatically mean that the affected right of way will be stopped up or diverted to accommodate the development.
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What offence is committed if a horse rider uses a footpath?
This is not of itself an offence unless horse riding is prohibited by a traffic regulation order or a bylaw but it may be a civil wrong ('tort') against the owner of the land, so a horse rider may be committing trespass. It is possible that higher rights may exist that have not yet been recorded, and if so it would not constitute trespass. However, if a horse rider caused significant damage to a path they may have committed an offence of criminal damage, and a tort against the highway authority. If the horse riding affected the rights of legitimate users of the footpath the rider may also be guilty of causing a public nuisance.Back to top
On what types of routes do I have a right to ride my bike?
On all the categories of public rights of way except footpaths. It is not an offence to ride on a footpath, but may be a trespass against the landowner. However, it is an offence to ride on a pavement beside a carriageway and also where a traffic regulation order or a bylaw is in place to prohibit cycling.Back to top
What can be done about motorbikes riding on footpaths and bridleways?
This is a criminal offence if done without lawful authority, which may be the landowner's permission, and even with permission it can still be an offence if motorbikes are ridden inconsiderately or cause damage. The legislation is enforceable by the Police as for other road traffic offences. It is sometimes possible to provide physical barriers that will prevent users of motorbikes gaining access to footpaths, but this is usually less effective on other routes. Ultimately, the Police have powers to confiscate motorbikes and prosecute riders where an offence has been committed.Back to top
Should my dog be on a lead whilst using a public right of way?
Not necessarily, as a dog does not have to be on a lead unless a bylaw or order is in force, despite notices often erected by landowners. However, dogs should remain under close control and on the public right of way, and with some dogs the only way to do this in practice may indeed be to use a lead, particularly if there are sheep present. If your dog were to worry livestock and the landowner or farmer thought your dog was out of control, they would have the right to shoot it.Back to top
Is the fouling of public paths by dogs an offence?
This is an offence if a relevant bylaw is in force on the path in question, and in any case it may amount to a common law nuisance. It is also an offence if the local Council has designated the land under the Dogs (Fouling of Land) Act 1996, although a lot of land types cannot be designated. Dog fouling may also be a civil wrong against the landowner. Even where an offence is not committed it is still good practice to clear up after your dog.Back to top
What is a ROWIP?
This is short for 'Rights of Way Improvement Plan', and all highway authorities in England and Wales are required by law to produce one by November 2007. ROWIPs will be substantial documents, including a review of the suitability of rights of way networks for current and future needs, and proposals for action. Contact your local Public Rights of Way Officer to find out how this is progressing in your area.Back to top
Where will I be able to see site specific improvements that are proposed?
As a 10 year plan, the ROWIP and it's proposed statement of actions do not contain site specific improvements. The ROWIP is complimented by scheme specific annual action plans, prioritising projects to deliver specific improvements in forthcoming years. These annual action plans will also report on progress, require endorsing by the Local Access forum and need to be made available for public inspection.Back to top
Further information
For more information about Rights of Way in your area, contact your Local Authority from the links on this page.
For more details or queries in relation to the Rights of Way Improvement Plan for Merseyside, contact:
Tel: 0151 330 1156, email: Tony.McDonough@Merseytravel.gov.uk
or alternatively
