Basics of footpath law

14. What is waymarking?

Waymarking is a means of indicating the line or direction of a path away from metalled roads at points where it may be difficult to follow. In Britain it is normally done with arrow markings on gates, stiles and posts. Natural England and the Countryside Council for Wales (CCW) recommend a standard system of colour-coded arrows - yellow for footpaths, blue for bridleways, purple for restricted byways, and red for byways open to all traffic.

Waymarking is also used to indicate specially promoted routes like long distance paths, circular walks, nature trails and so on. Where these routes follow public rights of way, the route name or logo is often used in addition to or in combination with the standard waymark.

15. Are paths numbered?

Yes, on the definitive maps (see Q3). Sometimes you will also see these numbers used on signs and waymarks. Different local authorities use different systems of numbering, and paths are often numbered on a parish or community basis, so path numbers are not very useful as an aid to navigation, only as a means of referring to an individual path for legal purposes.

16. Can a landowner put up new gates and stiles where none exist presently?

No. Not without seeking and getting permission from the highway authority (see Q7) in circumstances where a stile or gate is necessary to prevent the movement of animals and then complying with any conditions to that permission.

17. Who is supposed to look after stiles and gates on a path?

Maintaining these is primarily the owner’s responsibility, but the highway authority (or the district council if it is maintaining the path; see also Q7) must, in certain cases, contribute 25% of the cost if asked and may contribute more if it wishes. If stiles and gates are not kept in proper repair the authority can, after 14 days’ notice, do the job itself and send the bill to the owner.

18. Is it illegal to plough up or disturb the surface of a path so as to make it inconvenient to use?

Yes, unless the path is a footpath or bridleway running across a field as opposed to running alongside the field boundary. In this case the landowner can plough or otherwise disturb the path surface provided it is not reasonably convenient to avoid doing so. The path must be restored within 24 hours of the disturbance, or within two weeks if this is the first such disturbance for a particular crop. The restored path must be reasonably convenient to use, have a minimum width of 1m for a footpath or 2m for a bridleway, or the legal width if known, and its line must be clearly apparent on the ground.

19. What happens if a path surface has been disturbed but not restored?

A highway authority (see Q7) may serve notice on the occupier and, if necessary, then restore the path itself and send the bill to the occupier. The authority may also prosecute the person responsible for the disturbance.

20. What about crops growing on or over a path?

The landowner has a duty to prevent a crop (other than grass) from making the path difficult to find or follow. The minimum widths given in Q17 apply here also, but if the path is a field-edge path they are increased to 1.5m for a footpath, 3m for a bridleway. You have every right to walk through crops growing on or over a path, but stick as close as you can to its correct line. Report the problem to the highway authority: it has power to prosecute the landowner or cut the crop and send the owner the bill.

21. What is an obstruction on a path?

Anything which interferes with your right to use it, for example a barbed wire fence across the path or a heap of manure dumped on it. Dense undergrowth is not normally treated as an obstruction but is dealt with under path maintenance (see Q7).

Highway authorities have a duty “to prevent as far as possible the stopping up or obstruction” of paths.

22. Can I remove an obstruction to get by?

Yes, provided that you are a bona fide traveller on the path and have not gone out for the specific purpose of moving the obstruction, and that you remove only as much as is necessary to get through. If you can easily go round the obstruction without causing any damage, then you should do so. But report the obstruction to the highway authority (see Q7), and/or the RA: ask for our free report form, or use the form on our website.

23. Can a farmer keep a bull in a field crossed by a public path?

A bull of up to ten months old, yes. Bulls over ten months of a recognised dairy breed (Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) are banned from fields crossed by public paths under all circumstances. All other bulls over ten months are banned unless accompanied by cows or heifers. If any bulls act in a way which endangers the public, an offence may be committed under health and safety legislation.

24. Can a landowner close or divert a path?

No. Closure and diversion - that is, a change to a path’s route - can only be carried out by local authorities or central government.

Path closures. Under the most common procedure a highway authority (see Q7) can make an order to close a path if it considers the path is no longer needed for public use. A notice must be published in a local paper and also placed at both ends of the path. At least 28 days must be allowed for objections. These must be heard at a public inquiry taken by an inspector from the Planning Inspectorate, or by hearing (less formal than an inquiry), or they may be considered in writing if the objectors agree.

Path diversions. These may not take place if the new route will be substantially less convenient to the public than the existing one, and account must also be taken of the effect the diversion will have on public enjoyment of the path as a whole. The procedure is the same as for closure orders.

Paths may also be closed or diverted “in order to enable development to be carried out in accordance with planning permission”. There are also provisions for highway authorities to apply to magistrates courts for closure or diversion of paths, and for orders to be made in other circumstances such as the construction of new roads, railways and reservoirs, both on a permanent and temporary basis. Notice of temporary orders must be given on site; however there is no specified procedure for objections.
If you have any doubts about the legality of a change to a path, contact the highway authority.

25. What is a misleading notice?

This is a notice calculated to deter you from using a public right of way, for example, a notice saying PRIVATE at the point where a path enters a park. Such notices should be reported immediately to the highway authority. They are illegal on paths shown on the definitive map (see Q3).

26. What is trespass?

A person who strays from a right of way, or uses it other than for passing and repassing (see Q1) commits trespass against the landowner.

In most cases, trespass is a civil rather than a criminal matter. A landowner may use “reasonable force” to compel a trespasser to leave, but not more than is reasonably necessary. Unless injury to the property can be proven, a landowner could probably only recover nominal damages by suing for trespass. But of course you might have to meet the landowner’s legal costs. Thus a notice saying “Trespassers will be Prosecuted”, aimed for instance at keeping you off a private drive, is usually meaningless. Criminal prosecution could only arise if you trespass and damage property. However, under public order law, trespassing with an intention to reside may be a criminal offence under some circumstances. It is also a criminal offence to trespass on railway land and sometimes on military training land.

27. Are there rights of way in Scotland?

Yes, but they are less extensive than in England and Wales because there has been a tradition of access to land. Statutory rights of access to most land and water have now been established through the Land Reform (Scotland) Act 2003, and guidance on exercising these rights responsibly is given in the Scottish Outdoor Access Code. The rights apply to cyclists, horseriders and canoeists as well as walkers.

There is no legal obligation on local authorities to record the rights of way that do exist and so they don’t appear as such on Ordnance Survey maps. However, paths and tracks are shown on these maps as geographical features and you have a right to walk on most of these. The organisation known as ScotWays keeps a catalogue of rights of way, signs many of them and maps and describes the major rural routes in its publication “Scottish Hill Tracks”.

Scottish local authorities have new duties and powers to develop Core Path Plans to form a framework for local path networks. These paths will give local access opportunities and link communities. They have until February 2008 to produce plans for these paths. Core paths will eventually appear on OS Explorer Maps.

28. How can I help the Ramblers' Association deal with path problems?

• Send full details to the highway authority (see Q7), and to the RA (use our free report forms or our online version).
• Ask the farmer or landowner concerned to clear the obstruction.
• Take part in RA footpath clearance working parties.
• If the problems persist, write to your local councillors about them.
• Send letters to local newspapers seeking support for any representations you may be making.
• If the authority fails to take action, consider complaining to the local government ombudsman for England, Wales or Scotland.

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