Rights of way in England and Wales
In England and Wales, excluding the 12 Inner London boroughs and the City of London, the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated (or are able to be designated if not already), whereas in Scotland 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 ("right to roam"). Private rights of way or easements also exist (see also Highways in England and Wales).
Inner London[edit]
Definitive maps of public rights of way have been compiled for all of England and Wales, as a result of the National Parks and Access to the Countryside Act 1949, except the 12 Inner London boroughs,[1] which, along with the City of London, were not covered by the Act. Definitive maps exist for the Outer London boroughs.
Local highways authorities (usually county councils or unitary authorities) are required to maintain the definitive map of all public rights of way in their areas, which can be inspected at council offices. If a path is shown on the definitive map and no subsequent legal order (such as a stopping up order) exists then the right of way is conclusive in law. Just because a path is not shown on that map does not mean that it is not a public path, as the rights may not have been recorded – the legal principle being "once a highway, always a highway".[2] The Countryside Agency estimated that over 10% of public paths were not yet listed on the definitive map. The Countryside and Rights of Way Act 2000 provides that paths that are not recorded on the definitive map by 2026 and that were in use prior to 1949 will automatically be deemed stopped up on 1 January 2026.[3]
The highway right to use a right of way is restricted to passing and re-passing, associated activities, and the taking of 'usual accompaniments'. Bedford Borough Council mentions that walkers may[4]
Highways maintainable at public expense generally remain in the ownership of the landowner, but such highways are also vested in the local highway authority; vesting being a form or ownership so long as it remains a highway. Lord Jennings, in an 'obiter' statement (not a formal judgement) suggested that ownership might be from the surface of the route to the depth of "two spits", or approximately two spade depths.[5] Collins M.R. seems to have defined it better: 'All the stratum of air above the surface and all the stratum of soil below the surface which in any reasonable sense can be required for the purposes of the street, as street'[6]
A public bridleway is a way over which the general public have the following, but normally (unless otherwise according to Wildlife and Countryside Act 1981 s56(1)(b)) no other rights:
Note that although Section 30 of the Countryside Act 1968 permits the riding of bicycles on public bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists". Thus, the right to cycle exists even though it may be difficult to exercise on occasion. Cyclists using a bridleway are obliged to give way to other users on foot or horseback.
Public bridleways are shown on Ordnance Survey 1:25,000 and 1:50,000 maps, but many public bridleways (as well as "roads used as public paths", "byways open to all traffic" and "restricted byways") were recorded as footpaths only, as a result of the burden of maintenance required by the National Parks and Access to the Countryside Act 1949, and so are now wrongly recorded on the definitive map.[8] Definitive Map Modification Orders are needed to correct these errors.
Roads used as public paths[edit]
A road used as public path (RUPP) was one of the three types of public 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 reclassify RUPPs in their area – occasionally as public footpaths but in practice generally as public bridleways – unless public vehicular rights were demonstrated to exist, in which case it would become a 'byway open to all traffic'.[10]
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.
On 2 May 2006 the Natural Environment and Rural Communities Act 2006 reclassified all remaining roads used as public paths as restricted byways.[11] The public's rights along a restricted byway are to travel:
Right to roam[edit]
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 horse-riders 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.
Rights of way improvement plans[edit]
Each highway authority in England and Wales (other than Transport for London, the City of London and Inner London boroughs) was required to produce a Rights of Way Improvement Plan under sections 60 to 62 of the Countryside and Rights of Way Act 2000 within five years of the date on which Section 60 of the Countryside and Rights of Way Act came into force; this deadline was 21 November 2007. Each highway authority is required to review their Rights of Way Improvement Plan at least every ten years.
Cyclists on a bridleway
Byway sign
RUPP sign
Footpath in England
