Basics of footpath law

Basics of footpath law

This page gives a summary of the law on public rights of way in England and Wales, with some notes about Scotland where the legal situation is very different. If you need more detailed information please see our Rights of Way Advice Notes.

For details of how to report a path problem you have encountered, or to get involved in one of our national campaigns please see our Take Action! page.

For a general overall introduction to arrangements for access in Britain, including wider access away from paths, see Access for walkers.

The definitive reference guide to footpath law in England and Wales is Rights of Way: a guide to law and practice, otherwise known as 'The Blue Book' and available from Cordee. See here for more information.

1. What is a right of way?

A right of way is a path that anyone has the legal right to use on foot, and sometimes using other modes of transport.

Public footpaths are open only to walkers
Public bridleways are open to walkers, horse-riders and pedal cyclists
Restricted byways are open to walkers, horse-riders, and drivers/riders of non-mechanically propelled vehicles (such as horse-drawn carriages and pedal cycles)
Byways Open to All Traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads.

Legally, a public right of way is part of the Queen's highway and subject to the same protection in law as all other highways, including trunk roads.

2. What are my rights on a public right of way?

Your legal right is to “pass and repass along the way”. You may stop to rest or admire the view, or to consume refreshments, providing you stay on the path and do not cause an obstruction.

You can also take with you a “natural accompaniment” which includes a pram, or pushchair. You can also legally take a manual or powered wheelchair (mobility scooter) provided you follow the regulations for taking these vehicles on ordinary roads. However there is no guarantee that the surface of the path will be suitable for pushchairs and wheelchairs

You can take a dog with you, but you must ensure it is under close control. Note that there is no requirement for stiles to be suitable for use by dogs.

3. How do I know whether a path is a public right of way or not?

The safest evidence is the official ‘definitive map’ of public rights of way. These maps are available for public inspection at the offices of local surveying authorities (see Q7). Some are also available in libraries and some are sold by the councils concerned. In addition, public rights of way information derived from them, as amended by subsequent orders (see Q24), is shown by the Ordnance Survey on its Explorer, and Landranger maps (see our sections on Maps and Navigation).

Some rights of way are not yet shown on definitive maps. These can quite properly be used, and application may be made to surveying authorities for them to be added to the map. The inner London boroughs are not required to produce definitive maps, though this does not mean there are no rights of way in inner London.

4. Are all footpaths rights of way?

No. There are many paths that the public is able to use but that are not legally rights of way and do not enjoy the same protection.

Paths crossing public parks and open spaces, commons and other sites to which the public has formal or de facto access may not necessarily be rights of way, though some of them are.

Other paths, known as permissive routes, are open to the public because the owner has given permission for them to be used: often there is a notice on the path making clear the owner has no intention of dedicating the path as a right of way, and reserving the right to withdraw the permission. These paths are sometimes closed for one day a year, with a view to preventing claims that they are rights of way.

Towpaths, paths across land owned by organisations such as the Forestry Commission and National Trust who have a policy of providing access, and off-road multi-user routes such as those created as part of the Sustrans National Cycle Network, are available for public use but may not be rights of way.

The Countryside and Rights of Way Act 2000 provides a right of access to mapped areas of mountain, moor land, down land, heath land and registered common land be it on tracks and paths or off them. For more information on the ‘Freedom to Roam’ provisions of the Act, see our Freedom to Roam section.

5. How does a path become public?

In legal theory most paths become rights of way because the owner “dedicates” them to public use. In fact very few paths have been formally dedicated, but the law assumes that if the public uses a path without interference for some period of time - set by statute at 20 years - then the owner had intended to dedicate it as a right of way.

A public path that has been unused for 20 years does not cease to be public (except possibly in Scotland). The legal maxim is “once a highway, always a highway”.

Paths can also be created by agreement between local authorities and owners or by compulsory order, subject, in the case of objection, to confirmation by the Secretary of State for the Environment, Food and Rural Affairs, or the National Assembly for Wales.

6. Who owns the paths?

The surface of the path is for most purposes considered to belong to the highway authority (see Q7). What this means is that the authority owns the surface of the way and so much of the soil below and the air above as is necessary for the control, protection and maintenance of the highway. The rest normally belongs to the owner of the surrounding land.

7. Which councils are responsible for paths?

The council that has principal responsibility for rights of way in a particular area, known as the highway authority, is either
• the county council
• the unitary authority, or
• the London or metropolitan borough council

These councils are also surveying authorities, which have the duty to prepare and maintain the definitive map (except in inner London; see also Q3).

The highway authorities may sometimes assign some of their responsibilities to other authorities. District councils may, by agreement, take over path maintenance and other duties from county councils. Parish and community councils also have the power to maintain paths (see our leaflet Paths for People). In National parks, the national park authority sometimes takes over some or all of the responsibilities for rights of way.

Highway authorities have a general duty “to assert and protect the rights of the public to the use and enjoyment” of paths in their area. They are legally responsible for maintaining the surface of the path, including bridges, and keeping it free of overgrowth. They have the power to require owners to cut back overhanging growth from the side of a path.

8. Which authorities can make changes to the path network?

In England County Councils, Unitary Authorities, District Councils and the Secretary of State are empowered to make path orders which, if confirmed, bring about legal changes to the path network. In Wales path orders may be made by Unitary Authorities and the Welsh Assembly Government.

9. How wide should a path be?

The path should be whatever width was dedicated for public use. This width may have arisen through usage, or by formal agreement, or by order, for example if the path has been diverted. The width may be recorded in the statement accompanying the definitive map (see Q3) but in many cases the proper width will be a matter of past practice on that particular path (see also Q18 and Q20). Note the width of the right of way itself may be greater, or sometimes less, than the width of any track or hard-surfaced strip along the route.

10. Are horses allowed on public paths?

Horse riders have a right to use bridleways, restricted byways and byways open to all traffic. They have no right to use footpaths, and if they do they are committing a trespass against the owner of the land, unless the use is by permission (see Q26). If use of a footpath by riders becomes a nuisance the local authority (see Q7) can ban them with a traffic regulation order. This makes such use a criminal offence rather than an act of trespass.

11. Are pedal cyclists allowed on public paths?

Pedal cyclists have a right to use bridleways, restricted byways and byways open to all traffic, but on bridleways they must give way to walkers and riders. Like horse riders, they have no right to use footpaths and if they do so they are committing a trespass against the owner of the land, unless use is by permission (see Q26). As with horse-riding (see Q10), use of any right of way by cyclists can be controlled by traffic regulation orders and byelaws imposed by local authorities. Infringement of byelaws or orders is a criminal offence. Under the Highways Act 1835, it is an offence to ride a bicycle on the pavement at the side of a road, and under the Fixed Penalty Offences Order 1999 a person who rides on a pavement can be fined on the spot by a police officer.

12. Is it illegal to drive cars or motorcycles on public paths?

Anyone who drives a motor vehicle on a footpath, bridleway or restricted byway without permission is committing an offence. This does not apply if the driver stays within 15 yards of the road, only goes on the path to park and does not obstruct the right of passage. The owner of the land, however, can still order vehicles off even within 15 yards from the road. Races or speed trials on paths are forbidden. Permission for other types of trials on paths may be sought from the local authority, if the landowner consents.

13. Are all paths supposed to be signposted?

Highway authorities (see Q7) have a duty to put up signposts at all junctions of footpaths, bridleways and byways with metalled roads. The signs must show whether the path is a footpath, bridleway or byway and may also show other information such as destination and distance.

Highway authorities also have a duty to waymark paths along the route so far as they consider it appropriate (see Q14).

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