What are Public Rights of Way?

A public right of way is a way that may exist on the ground as a path, road or track, or may not be discernable at all, but over which any member of the public has a right to use whenever they wish.

The permitted use of any particular right of way depends on the status:

 Footpaths can be used on foot only.

 Bridleways can also be used with a horse or bicycle.

 Byways open to all traffic (BOATs) by all kinds of legitimate traffic. In this sense legitimate includes only vehicles with an engine or motor (mechanically propelled vehicles) if they are registered, taxed, insured and MoT’d – exactly the same as for use of the tarmac public road network. Note that under-age or banned drivers, mini-motos, non-road-legal scramblers & quad bikes, etc. are not permitted on any public right of way.

 Restricted Byways (a new designation created by the Natural Environment and Rural Communities Act) may also be used by vehicles pushed, pulled, rolled or pedalled by humans or animals.

FP=footpath, BW=bridleway, RB=restricted byway, BOAT=byway open to all traffic

The use of public rights of way has changed over the years, once they were used almost exclusively for travel from A to B for commercial or domestic purposes. Today much of the use is for recreation, although there is a growing awareness of the important function that public rights of way can play in contributing to a sustainable transport network. The reason for your journey does not have a bearing on your right to use public rights of way.

Public rights of way often exist over land that is in private ownership: householders, farmers, commercial premises, country estates, for example. The public rights neither affect, nor depend on, ownership of the land but do have an influence in what can be done on the line of the way. All public rights of way should remain unobstructed, except where there is a County Council temporary closure in place, and any authorised gates and stiles should be maintained such that they are convenient for public use.

Users of the public rights of way have a responsibility to travel in such a manner as not to cause danger to other users, damage to property (including the surface or structures on the path), not to cause a nuisance (by leaving gates open, dropping litter, making excessive noise, etc.).

The public rights only extend to the public rights of way and not to surrounding land; therefore people must ensure that they (and their dogs) keep reasonably to the correct paths.

The right to use a way is a right to pass and repass. It is allowed to take something that you would normally take with you, such as a dog, pushchair, mobility scooter, etc. but there is no expectation that the way must be suitable. In particular, dogs may need to be lifted over stiles, surfaces may not be negotiable by wheelchairs, legitimate safety or stock control barriers and permitted furniture may prevent the passage of prams or mobility scooters.

• Countryside Service
• Public Rights of Way
• What are Public Rights of Way
• Definitive Rights of Way Map
• Maintenance and Obstructions
• Reporting a Problem
• Recording, Changing and Closing
• Rights of Way Improvement Plan
• Local Access Forum
• County Council Working Practices
• Working Practices
• Local Contacts
• Section 31 Deposits
• Definitive Map Modification Orders
• Definitive Map Modification Order Reports
• Rosses and Guises Lanes, Wichenford