2. What makes a path a right of way?
3. Who is responsible for rights of way?
4. Maintaining rights of way
5. What happens if a right of way is blocked?
6. How to get a route included in the definitive map
7. How to get a new right of way created
8. How to get a right of way closed or diverted, or object to the closure or diversion
9. The law in Scotland
10. The law in Northern Ireland
11. People with mobility problems
12. Feedback and comments
New rights to roam across countryside
Walkers have been given rights to roam across open countryside that is privately owned, under the Countryside and Rights of Way Act 2000.
You can view a full list of the areas which have been opened up to walkers on the Countryside Access ...
You can monitor future changes through the Department for Environment, Food and Rural Affairs, Defra and the Ramblers’ Association which campaigns for the rights of walkers to access the countryside.
New maps have been published setting out exactly where people can walk. You can get information about where you can go and what you can do on this land from the government's Countryside Access ... or from the Ramblers' Association.
There are new rights to roam the countryside 1. What is a right of way?
A right of way is a path that everyone has the right to walk along. There are four types of rights of way:
- Footpaths: These can only be used by walkers or wheelchair users (although paths may not always be suitable). Footpath users can take with them accompaniments such as pushchairs, prams or dogs
- Bridleways: These can be used by pedestrians, horse riders and cyclists (who must give way to people on foot or on horseback)
- Byways open to all traffic (BOATs): These can be used on foot, on horseback and for vehicular traffic (however, they are used mainly by walkers and horse riders)
- Restricted Byways: Replacing routes known as ‘roads used as public paths’. These can be used by walkers, horse riders, cyclists and non-motorised vehicles such as horse-drawn carriages
2. What makes a path a right of way?
There are four methods by which a right of way can become established:
- If a landowner has expressly given the public the right to travel across their land.
- If there is evidence that the route has been used by the public for longer than anyone can remember.
- If a path has been used by the public for more than 20 years - unless there is enough evidence that the landowner did not intend it for public use.
- If a compulsory order has been made, in the case of an objection, by the Secretary of State or the Naional Assembly of Wales for a right of way to be created.
3. Who is responsible for rights of way?
Rights of way are not owned by the person whose land they cross over but by the local highway authority. Your highway authority will be part of:
- Your county council
- Your unitary authority
- Your London or metropolitan borough council, or
- Your national park authority
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Routes must be 'fit for their intended use' 4. Maintaining rights of way
In most cases the highway authority has responsibility for maintaining public rights of way. Sometimes it is the landlord and, very rarely, no-one has responsibility for maintaining a route. You can find out if the highway authority is responsible for a particular route by checking its ‘list of streets’. This is a public record of all the roads and rights of way that should be maintained by the highway authority.
The responsible party must make sure that the path is ‘fit for its intended use’, which includes keeping it free of overgrowth. They can also require owners to cut back overhanging growth from the side of a path.
If you find a right of way that is overgrown or poorly maintained then you should contact your local highway authority. You can find details of your hig... through the Ramblers’ Association.
You can also report the problem to the Ramblers’ Association.
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5. What happens if a right of way is blocked?
It is an offence for anyone to deliberately block a public path and it is the responsibility of highway authorities to stop paths from becoming blocked and remove any obstructions.
An obstruction on a right of way is anything that makes it more difficult for you to use the path: whether it is a fence, crops or a pile of rubbish.
You have the right to remove as much of the obstruction as you need to get by, making sure that you avoid causing damage to the landowner’s property. However, if there is room to walk around it you should. If the landowner has planted crops over a right of way then you can walk on them, but you should stick as closely to the path as possible.
If you come across a blocked right of way, or a notice which claims that the path is private, you should report it to your highway authority. You can find details of your hig... through the Ramblers' Association to who you can also report the problem.
If the local authority do not remove the obstruction to the right of way, you can ‘serve notice’ on your highway authority under the Countryside and Rights of Way Act 2000 requiring them to get the obstruction removed. The act also allows magistrates’ courts to force landowners who have been convicted of deliberately blocking a right of way to remove the obstruction or face fines of up to £5,000.
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The definitive map shows all routes in the area 6. How to get a route included in the definitive map
Your highway authority may well also be your surveying authority. By law surveying authorities have to make a definitive map and statement of all the rights of way in your area. Together these form a public legal record of all rights of way. This is does not apply in inner London where, although there are many rights of way, the boroughs do not have to make maps showing them.
The map has to be kept up-to-date and any evidence suggesting that a route has been left out of the map, is incorrect or has been included mistakenly must be investigated. You can see this map at the offices of your local surveying authority; they may also be available at some local libraries.
If you think that a right of way is not included on the map you can write to your surveying authority and ask them to make a ‘definitive map modification order’ to change the map. Once they have received your application they have 12 months to make a decision whether or not to make the order.
If no decision is made after 12 months you can ask the regional government office (which acts on behalf of the Secretary of State) to give them a time limit to reach a decision.
The surveying authority will either decide:
To make the definitive map modification order: If the surveying authority does decide to make an order to change the map, there will be a period of public consultation. This allows landowners involved and organisations such as the Ramblers’ Association, the Byways and Bridleways Trust and the public to give their views. During this time you will find notices on the disputed route and in a local newspaper.
Once the consultation period is over, if there are no objections, the surveying authority can confirm the order and make the change to the map. If it is disputed and the objections are not withdrawn, they must submit the order to the Secretary of State for a decision. In this situation the Planning Inspectorate acts on behalf of the Secretary of State and may hold a public inquiry about the order to change the map.
To refuse: If the surveying authority believes there is not enough evidence that the path in question really is a right of way they will refuse to add it to the definitive map. You can appeal against a refusal to the relevant regional government office, who will direct the authority to make the order if they believe there is enough evidence.
As part of the Countryside and Rights of Way Act 2000 there are plans to bring in to force a cut off date for adding unrecorded rights of way to the ‘definitive map’. Any right of way created before 1949 has to be claimed by 1 January 2026 or it will cease to exist (with some exceptions). So it is important that all applications and claims are submitted before this date.
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7. How to get a new right of way created
New rights of way can be created:
- By agreement between the landowner and the local authority, or
- ‘Compulsorily by order’ from the local authority
- Whether the authority thinks there is a need for the new path
- How much the new route would add to the public’s ability to enjoy the network of rights of way
- What impact the right of way would have on the landowner or people who have an interest in the land
Landowners may be entitled to compensation if the new route has a significant impact on their use of their land.
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Landowners can't close routes themselves 8. How to get a right of way closed or diverted, or object to its closure or diversion
Changes to the route of a path can only be carried out by local or central government; landowners can’t decide to close or divert rights of way themselves. Under the Countryside and Rights of Way Act 2000 landowners will be given a new, formal right to apply to the local authority for orders diverting or getting rid of paths. They will also have a right of appeal if the application is refused.
Routes can also be closed or diverted under the act to prevent crime or improve school security or protect sites of special scientific interest.
Closing a public path
Paths can only be closed if it can be shown that the public no longer need the right of way. The authority has to take into account how much the public use the route and how a closure would affect the land and the right of way crosses.
If the authority decides that they want to close a route, a public notice must be published in a local paper and also placed at both ends of the path for a minimum of 28 days to notify the public that they can object to the closure.
Diverting a public path
Paths can’t be diverted if the new route is less convenient to the public, or if the diversion will make it harder for the public to enjoy the path and adjoining of rights of ways. The English Nature and the Countryside Council for Wales will also be allowed to apply for diversion orders if the public right of way is causing, or is likely to cause, significant damage to the natural beauty of the site. The purpose of this order is to prevent such damage from taking place.
If the authority decides that they do want to divert a route the consultation procedure is the same as for path closures.
If you are unhappy with any decisions about path closures or diversions you should complain to your local highway authority. You can find details of your highway authority through the Ramblers’ Association.
Temporary closures or diversions
Paths may also be temporarily closed or diverted for maintenance, or if work that may be dangerous to the public is being carried out. Notice of temporary closures or diversions must be given on site. There is no procedure for objecting to temporary closures or diversions.
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9. The law in Scotland
The law in Scotland about footpaths and rights of way is generally much freer. Most paths in use in Scotland are open to the public without legally being rights of way. Rights of way do exist but many of these don’t have a secure legal status. Scottish local authorities are not obliged to produce definitive maps of these rights of way but a National Catalogue of Rights of Way is produced by ScotWays and Scottish National H....
If you find a route in Scotland is poorly maintained or blocked, then you should report it to the local authority. You can find details of the relevant authority through the Ramblers’ Association.
The Scottish department... will also help you.
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10. The law in Northern Ireland
The public have no automatic right of access to the countryside in Northern Ireland. However, district councils can establish public rights of way where they believe a path would "add to the convenience or enjoyment of a substantial section of the public." These rights of way are established under the Access to the Countryside (NI) Order 1983, which also has regulations obliging landowners to maintain access to paths once they have been created.
You can find out about access to the count... and current initiatives, such as the Ulster way and other 'waymarked ways', from the Environment and Her....
Anyone with suggestions for new routes for walking, cycling or horse-riding, or information concerning existing public rights of way, should make direct contact with the Countryside Officer of the local district council. The Environment and Heritage Service has a list of Countryside....
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11. People with mobility problems
The Countryside and Rights of Way Act 2000 requires local authorities to review and publish plans for improving rights of way in their areas. These plans should take into account the needs of all local people, including people with disabilities. To find out more about the plans in your area contact your highway authority. You can find details of your highway authority through the Ramblers’ Association.
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12. Feedback and comments
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