Rights of way in the United Kingdom

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In the United Kingdom, public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law differs in each of the constituent countries of the kingdom: notably, in England and Wales rights of way only exist where they are so designated; in Scotland, meanwhile, any route that meets certain conditions is defined as a right of way, and in addition there is a general presumption of access to the countryside. Private rights of way or easements also exist.

1 England and Wales
2 Scotland
3 References
4 External links
5 See also

[edit] England and Wales

[edit] Footpaths

Footpath in England

Kissing gate with yellow footpath markings

In England and Wales a footpath is a path on which the public have a legally protected right to travel on foot. Footpaths often form a dense network of short paths, offering a choice of routes to many different destinations. It is probable that most footpaths in the countryside are hundreds of years old or more.

Footpaths are shown as dashed green lines on Ordnance Survey 1:25,000 maps, or dashed pink lines on 1:50,000 maps.

The Ordnance Survey maps cannot be treated as the definitive description of rights-of-way and they often take some years to be updated with changes.

Local Authorities (usually County or Unitary Authorities) are required to maintain the definitive map of all rights of way in their areas and these can be inspected at Council Offices.

A footpath is sometimes waymarked using a yellow arrow on a metal or plastic disc or by yellow paint dots on posts and trees.

According to the Bedfordshire website[1], it is a civil wrong to ride a bicycle or a horse on a footpath, and action could be taken by the landowner for trespass or nuisance by the user. It is also an offence under the Highway Act 1835 S72.

The site also mentions that walkers may:

Take a pram, pushchair or wheelchair, where possible.
Take a dog as long as on a lead or under close control.
Admire the view, stop for a rest, have a small picnic on the verge
Take a short alternative route to get round an obstruction

[edit] Permitted path

A permitted path, or permissive path, is a footpath where the public does not have a legal right to travel, but where they have been granted permission to do so for the time being.

Bridleway marker

Cyclists on a bridleway

Byway sign

A Northamptonshire Byway

RUPP sign

Footpath sign

[edit] Bridleways

A bridleway is a way over which the public have the following, but no other, rights:

to travel on foot and
to travel on horseback or leading a horse, with or without a right to drive animals of any description along the way,
to ride a bicycle (but, in exercising that right, cyclists must give way to pedestrians and persons on horseback).

Note that although Section 30 of the Countryside Act 1968 permits the riding of bicycles on bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists".

Bridleways are shown as long green dashes on Ordnance Survey 1:25,000 maps, or long pink dashes on 1:50,000 maps.

In addition, permissive bridleways are shown as dashed orange lines on the 1:25,000 maps where there is no statutory right of way but where the landowner permits use, for the time being, as a bridleway.

A bridleway is sometimes waymarked using a blue arrow on a metal or plastic disc or by blue paint dots on posts and trees.

[edit] Byways open to all traffic

See also: Byway (road)

A byway open to all traffic, or BOAT, is a highway over which the public have a right to travel for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used. (United Kingdom Road Traffic Regulation Act 1984, section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1).

A byway open to all traffic is sometimes waymarked using a red arrow on a metal or plastic disc or by red paint dots on gateposts or trees.

[edit] Roads used as public paths

A road used as public path (RUPP) was one of the three types of right of way (along with footpaths and bridleways) introduced by the National Parks and Access to the Countryside Act 1949. The Countryside Act 1968 required all highway authorities to reclassifiy RUPPs in their area – occasionally as footpaths but in practice generally as bridleways unless public vehicular rights were demonstrated to exist in which case it would become a Byway Open to All Traffic.

This process was slow as it involved research into historic usage and often public enquiries, and so was not completed by the time the Countryside and Rights of Way Act 2000 was passed. This reclassified all remaining RUPPs as Restricted Byways on 2 May 2006.

[edit] Restricted Byways

On 2 May 2006 the Countryside and Rights of Way Act 2000 reclassified all remaining Roads Used as Public Paths as restricted byways. The public's rights along a restricted byway are to travel:

on foot
on horseback or leading a horse
by vehicle other than mechanically propelled vehicles (e.g. bicyles, horse-drawn carriages)

[edit] "Right to roam"

Under the Countryside and Rights of Way Act 2000 the public also has a right to walk away from rights of way on designated "access land". This right is in addition to rights of way, and does not extend to horseriders or cyclists. Access land may be closed for up to 28 days per year, whereas rights of way must remain open at all times, except in exceptional circumstances with special permission of the local authority.

[edit] Creation of new rights of way

In England and Wales, a footpath may be dedicated by the owner as a public path. However, unchallenged use by the public for over 20 years may be taken as evidence that the owner intends dedication.

[edit] Scotland

In Scotland a right of way is defined as any defined route over which the public has been able to pass unhindered for at least 20 years. The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there is no obligation on Scottish local authorities to signpost or mark a right of way. However the charity Scotways, formed in 1845 to protect rights of ways, records and signs the routes.

There is no legal distinction between footpaths and bridleways in Scotland, though it is generally accepted that they may follow rights of way with suitable surfaces.

The Land Reform Act (Scotland) 2003 established a general presumption of access to all land in Scotland, making the existence of rights of way less important in terms of access to land in Scotland.