Frequently asked Questions
What is a public right of way?
What are the differences between the different types of public right of way?
Who is responsible for maintaining public rights of way?
What is the difference between a private right of way and a public right of way?
What is a definitive statement?
What is a public right of way?
It is not, strictly speaking, a path, but 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 bicyclists provided that they give way to other users; in some cases also with a right to lead or drive animals.
Roads Used as Public Paths (RUPPs, superseded term): highways mainly used by the public for the purposes that footpaths or bridleways are used, but which may or may not carry vehicular rights. In some parts of the country RUPPs were reclassified individually as byway, bridleway or footpath and those remaining in 2006 became restricted byways.
Restricted Byways: a new category created by CROWA2000 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 - see FAQ about definitive maps).
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.
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.
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 (see below) 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.
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.
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.
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.
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.