An introduction to public rights of way

What are public rights of way?

A public right of way is a route over which the public has the right to pass and repass at any time for the purposes of enjoyment and recreation. All public rights of way are highways and should appear on the Definitive Map and Statement - the legal record of public rights of way.

Who can use public rights of way?

Footpath - A highway over which the public has the right to pass and repass on foot only. Footpaths are often waymarked using yellow arrows.

Bridleway - A highway over which the public has the right to pass and repass on foot, leading or riding a horse, or riding a bicycle. There may also be rights to drive animals. Bridleways are often waymarked with blue arrows.

Restricted Byway - Created by the Countryside and Rights of Way Act 2000, they reclassified the former category of Roads Used as Public Paths. The public has the right to pass and repass on foot, horseback and bicycle, and with non-motorised vehicles. Restricted byways are often waymarked with purple arrows.

Byway Open to All Traffic (BOAT or Byway) - A highway over which the public has the right to pass and repass on foot, horse, and all classes of vehicle. The distinction between a byway and a road is that a byway rarely has a sealed surface, and the main use by the public is that of foot or bridle rights. Byways are often waymarked with red arrows.

How do rights of way come into being?

There are two means by which public rights of way come into being.

Express dedication - This is where the landowner gives the public a right to use a route over their land, that is, dedicating it as a public right of way. The dedication must be for all the public, and for all time, but the landowner can decide how the route can be used, such as, as a bridleway. Existing 'restrictions' can be included in the dedication, such as gates or stiles. For the public right of way to be recognised, there must be evidence that the landowner clearly intended to dedicate the way, and that the public has 'accepted' the dedication by using the route.

Inference of dedication - This is where routes are accepted and used as public. The presumption being that at some time in the past the landowner either dedicated the way as public, but the evidence of the dedication has been lost, or that the landowner has made no objection to the public using the way. The law states that the route must have been used by the public, without interruption, for a period of twenty years, and that this is evidence of the landowners intention to dedicate. The public would have had to use the route without force (for example, not breaking any locks), without secrecy and without permission (believing the way to be public).