Rights of way in England and Wales

This article deals with the public right of way in England and Wales, in particular its most important tourist manifestations Public Footpath and Public Bridleway. The situation in Scotland see everyman.

  • 3.1 The Definitive Map

Public rights of way in England and Wales

In England and Wales there is no general right of access to forests, corridors etc. This distinguishes these two parts of the United Kingdom of Scotland, although the latter is also part of the United Kingdom. Instead, there is an extensive network of public rights of way, the history of which partly dates back to the Middle Ages. While these rights of way formerly often the only means to reach remote villages and farms, they have a great importance for recreation, tourism and sport, particularly for walkers, riders and cyclists nowadays. Rights of way should not be confused with long-distance paths, even though marked long-distance trails make many places of public rights of way use.

Owner or tenant of land, over which runs a public right of way, may this right does not restrict the way neither obstruct or divert, and must ensure in the use of their land, that people who use the path through the type of use are not endangered. For example, it is not allowed the owners, on a pasture, across which a right of way to keep a more than ten -month-old bull. No fee shall be required for the use of public rights of way. Temporary or permanent changes of rights of way, for example, the closure or diversion of ways in connection with construction work may only be ordered by the competent authorities, not by the landowners themselves

Depending on how these ways may be used, they are referred to as Public Footpath, Public Bridleway, Byway open to all traffic or Restricted Byway.

Types of rights of way

Public Footpath

Public Footpath (English for: " Public Footpath " ) refers to a way in which the public has a legal right to move on foot. It also strollers or wheelchairs may be carried as far as the condition of the road permits. Although the property owners or their competent authorities to remove obstacles such as fallen trees as soon as possible and repair damage to the roads, but there is usually no obligation to a handicapped or stroller -based expansion. Moreover, since the paths in many places extend over grazing or other agricultural land, is always to be expected intended obstacles such as cattle locks or stiles.

Cycling, riding or use of a vehicle on a public footpath is not permitted without the consent of the property owner. Dogs allowed, as long as they are kept on a short leash and under control. Hikers may also make breaks, for example, to enjoy the view and rest along the way and have a picnic. However, the path must not be blocked.

Traditionally, a public footpath marked by wooden signs reading "Public Footpath ". Even today you find these signs yet, but they are more and more green metal signs with a yellow directional arrow and white lettering, or simply a pedestrian symbol replaced. Such signs can be found where there is a public footpath crosses a paved, public road or branches off from him. In the area of ​​the path is sometimes marked by yellow signposts. In addition, direction and distance information can be given.

Public Bridleway

On a Public Bridleway (English for " Public bridleway " ), the public has the same rights as on a Public Footpath, in addition we may here also:

  • Lead or riding a horse or pack animal
  • Ride a bicycle.

There is, however, neither the authorities nor the landowner an obligation to keep a Bridleway in a suitable state for cycling. It must, therefore, especially in high traffic of riders Bridleways always be expected that these are passable for cyclists either not at all or only on mountain bikes.

In the grounds is a Public Bridleway is marked by signs bearing the words "Public Bridleway " or through blue milestones.

Byway open to all traffic

A byway open to all traffic (English for " byway open to general traffic " ), sometimes abbreviated as BOAT, stands next to pedestrians, riders and cyclists in principle to all other vehicles. It can, however, limitations, for example with respect to the vehicle width or height may be given. These are usually given known by appropriate traffic signs at the beginning of the path. A byway open to all traffic is legally a paved, public road purposes, even if it runs over private property or is not attached.

Most Byways are not passable by normal car, but it must be reckoned with traffic through off-road vehicles.

If the shape of a Byway in the terrain is not clearly identifiable, it is sometimes marked by red waypoints.

Restricted Byway

A Restricted Byway (English for " Restricted Byway accessible " ) stands next to pedestrians, riders and cyclists and other non-motorized vehicles. Motor vehicles of any kind are not permitted here.

The term Restricted Byway has only existed since 2006 and replaces the category Road used as public path, RUPP abbreviated, which was introduced in 1949. In 1968, the competent authorities had been instructed to devote all patrols in one of the then existing other categories. However, since this procedure took a very long time, all this time still existing patrols were finally classified as Restricted Byway on 2 May 2006.

In the grounds is a Restricted Byway is characterized by dark red signposts.

Permissive Path

The Permissive Path or Permitted Path (English for " Shared Path" ) is a special case, since the public access is granted voluntarily by the landowner without a legal obligation to do so. It is mentioned here for completeness. In a Permissive Path of landowners may restrict the type of use, for example, to exclude certain transport or taking dogs, or give way only at certain times. Such limitations are, if they do not already, for example, the width of the path shown announce at the beginning of the way through signage. Example, it is common practice to include a Permissive Path each year for a particular calendar to prevent the emergence of a public right of way through customary law.

Management of rights of way

Competent authorities for the management of public rights of way in England and the administrative counties of Wales in the unitary authorities. These authorities are responsible for the identification of rights of way by appropriate signs and markers, and when necessary for the arrangement (temporary ) barriers or diversions.

The Definitive Map

Since 1949, these agencies are stopped, all existing rights of way in a special map, called the Definitive Map to enter. Entries in this map are binding in dispute regarding rights of way. However, official estimates were not yet recorded more than 10 percent of the existing public rights of way in the Definitive Map at the time of the adoption of the Countryside and Rights of Way Act by the British Parliament in 2000. Inside a running until January 1, 2026 deadline is not yet recognized rights of way could be given. All rights of way that are not recognized at the end of the period in the Definitive Map, then automatically expire. The British Walkers Club Ramblers ' Association strives, therefore, evidence for as many rights of way - especially in the attractive landscape areas - to carry along and achieve their inclusion on the Definitive Map.

Access country since 2000

With the enactment of the Countryside and Rights of Way Act, a new possibility has been created to traverse the country and outside of paths, called Access land. In a declared as an access Undeveloped one must travel outside of rights of way, but not riding or cycling. In contrast to public rights of way, access to access land may, however, be blocked by the property owners for up to 28 days a year.

Further activities such as tents also require access to land getting the permission of the landowner.

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