Footpath Law

Since its formation in 1935, the Ramblers' Association has been working to protect the 140,000 miles of public paths which criss-cross England and Wales.  Rights of way have the same status in law as any other highway, and so there is a requirement for them to be kept open and usable.

Find out more in this section about the legal framework, and how it can be used to ensure that rights of way can be walked freely.

Public Paths and the Definitive Map

Many enquiries to the Ramblers come from concerned members of the public who have had their right to use a path questioned, or think a way they are using may be threatened by new development. In many of these cases the path in question may not be recognised in law as a public right of way.

Up until 1949 if a path was disputed, aggrieved members of the public would have to go through the courts to seek a declaration that it was a public right of way. Today the procedure has been made somewhat easier with the creation of the definitive map and statement, although a court declaration can still be sought in cases of urgency.

Duty of the Highway Authority

The principle pulbic rights of way duties of the Highway Authority are as follows:

• To maintain publicaly maintained highways.
• To keep an up to date list of publicaly maintainable highways, available for public inspection.
• To assert and protect the rights of the public to the use and enjoyment of the network and to prevent, as far as is posible, the stopping up or obstruction of, all of their highways.
• To enforce the restoration of footpaths and bridleways lawfully ploughed or disturbed.
• To ensure the duty of an occupier to ensure that crops do not inconveniience users of footpaths, bridleways and unmetalled carriageways.
• To signpost and waymark footpaths, bridleways and byways where they leave metalled roads and else where to help people follow the route.
• To prosecute anyone respnsible for a misleading notice on or near a footpath, bridleway or RUPP shown on the definative map.

 

Legal Protection for Paths

In 1949 Parliament decided that, in order that everyone may know which paths are public rights of way, they should be recorded on the definitive map. The recording of a right of way on the definitive map is conclusive evidence of its existence as of the date of the map. This gives the path added legal protection and the creation of definitive maps has undoubtedly helped keep rights of way open and usable, and allowed councils charged with their protection to act where they have become unusable. The council responsible for keeping the definitive map up-to-date is known as the surveying authority, and the council responsible for keeping paths open and usable is the highway authority. In practice these are one and the same: county councils, metropolitan borough councils, unitary authorities and the London Boroughs.

On these pages they are referred to just as the “authority”. It is important to note that a path does not become a public right of way by its addition to the definitive map. But its registration on the definitive map as a public right of way proves it is one, and should afford it the legal protection it deserves. Neither can it be said that just because a path is not on the map it is not a public right of way: rights may exist over a way not shown on the map, or “higher” rights may exist over a way eg. a registered footpath may in reality be a bridleway. An example of this are the many authorities who don’t yet have comprehensive definitive maps, for example Cardiff, Liverpool, Birmingham, yet of course public rights of way exist in these cities!

Recording of Public Rights of Way

Getting a path on the definitive map involves using evidence to demonstrate that a public right of way has already come into being. The claim must be made for a way of a particular status, ie. a footpath, bridleway or byway open to all traffic. More information is available in our section on making claims.

Additionally, changes will shortly come about through the Countryside and Rights of Way Act 2000 that will allow for the claim of a new class of way called a “restricted byway”.

1. The highway authority — that is, the county council or unitary authority — must erect and maintain a signpost at every point where such a way leaves a metalled road.
2. The sign must indicate the route’s status. It can also say where it leads to, and give the distances, so far as the highway authority considers it convenient and appropriate.
3. Section 27 of the Countryside Act 1968 gave the highway authority this duty. The Act did not set a date by which the duty had to be complied with. Hence, the number of unsignposted rights of way.
4. And the highway authority is relieved of its duty if it considers a sign to be unnecessary at a particular point provided that the local council — the parish, town, or community council — agrees. By withholding its agreement, the local council can thus require the authority to carry out its duty. From this it appears that in those localities where there is no parish council — which include many urban areas — signposting is compulsory.

 Waymarks

Section 27 of the Countryside Act 1968 Act also requires the highway authority to place such signs along a path or way ‘as may in the opinion of the authority be required to assist persons unfamiliar with the locality’ to follow the route. Essentially that means that a highway authority must place a signpost or waymark anywhere along the line of a public right of way, wherever it considers it necessary.

It must consult the landowner first. But the requirement is to consult, not to obtain the landowner’s consent: the landowner cannot refuse to allow waymarking. But if they mean to waymark by means of arrows painted on or fixed to things like walls, trees or gateposts, they will need the landowner’s permission, since these things are the property of the landowner. If permission is not forthcoming for that, the authority can avail itself of its power to erect signposts in the surface of the path.

 

Unauthorised Notices

1. Under section 57 of the National Parks and Access to the Countryside Act 1949 it is an offence for any person to put up a notice on or near a footpath, bridleway or road used as a public path if the notice contains false or misleading information likely to deter people from using the public right of way.
2. The magistrates may impose a fine by way of penalty; they may also order the notice’s removal, and impose a continuing fine for failure to comply. It is the duty of the highway authority to initiate prosecution under this section; prosecutions can be brought by them and the district council, but not by a local council or a private individual.
3. The section appears to cover cases such as where the landowner puts up a sign saying ‘Danger, fierce dogs’ and either there are no dogs or they do not have access to the path (if they do, the sign will not be misleading).
4. Sometimes a footpath or bridleway runs over a private road and the owner puts up at its entrance a sign saying ‘Private Road’ or ‘Private Drive’. The courts have not decided if this is a misleading statement likely to deter walkers or horse-riders. Probably the best way of dealing with the situation is for the highway authority to erect a signpost near the owner’s notice.
5. Under section 132 of the Highways Act 1980 it is an offence to paint, inscribe or affix -- without lawful authority or reasonable excuse any picture, letter, sign or other mark upon the surface of any highway or upon any tree, structure or works in the highway. (The term ‘highway’ includes all public rights of way.) The highway authority is empowered to remove such a sign. And they can require the owner or occupier of any land to remove any object or device for the guidance or direction of persons usi -- ng a public right of way. If this is not done they can remove it themselves and recover the cost.

 Practical work

Under section 27 of the Countryside Act 1968 Act the highway authority can give permission for other persons to erect and maintain signs.

1. Many individuals and organisations, such as user-groups and local councils, avail themselves of this permission, to the benefit both of users of rights of way and of farmers and landowners, preventing accidental trespass and increasing users’ enjoyment of the countryside by enabling them to follow paths accurately and confidently.
2. Anyone wishing to undertake waymarking must first contact the highway authority, and would do well to acquire the Countryside Agency’s booklet Waymarking public rights of way for advice and practical guidance. Also recommended is the BTCV’s Footpaths -- a practical handbook, in which a chapter advises comprehensively on such matters as principles of waymarking, permissions, arrows and posts, signage in different types of terrain, and information-boards.