Public Rights of Way

The law relating to public rights of way is complex and often controversial. In general terms, the Highway Authority (e.g. the county council) is responsible for maintaining the public rights of way network and keeping each public right of way free from obstruction. As the 'surveying authority' it is also responsible for preparing and keeping up to date the legal record of these paths known as the Definitive Maps and Statements.

A public right of way is a highway which anybody may use at any time; rights of way are classified according to the nature of the public's rights along them:

• Public footpaths which are for walkers only
• Bridleways which are for walkers, horse riders and cyclists (although cyclists must give way to walkers and horse-riders).
• 'Byways open to all traffic' ('BOATs') which, as the name suggests, are for walkers, horse riders, cyclists and vehicles including horse-drawn carriages, motorcycles and other motor vehicles.
• 'Restricted byways' which are available for walkers, horse riders, cyclists and horse-drawn vehicles only. This was a new category of public right of way introduced by the CROW Act 2000; all routes which, immediately prior to the commencement of the relevant section of the Act were recorded as 'roads used as public paths' were changed to 'restricted byways'

We are able to offer advice on the law relating to public rights of way including objections to Definitive Map Modification Orders; applications to divert, extinguish or gate a public right of way and disputes relating to obstruction of public rights of way.

Please call us on 01252 617119 to find out how we can assist you.