Landowners And Public Rights Of Way

A PROW must be open to all members of the public. The main types of PROW are:

• a carriageway—over which the public have a right of way on foot, riding on or accompanied by a beast of burden and with vehicles and cattle
• a footpath—for use on foot and mobility vehicles (e.g. pushchairs and wheelchairs, including mobility scooters and powered wheelchairs) only
• a bridleway—for use on foot, horse, cycle, mobility scooters and powered wheelchairs
• a byway open to all traffic (BOAT)—for use on foot, horse, cycle, motorised and non-motorised vehicles
• a restricted byway—for use on foot, horse, cycle, mobility scooters and powered wheelchairs and for vehicles other than mechanically propelled vehicles.

The definitive map is a map prepared by a local authority which is a legal record of PROW in a specified area. If a PROW is shown on the map, it is legal evidence that the public had those rights at the date of the map, and it remains in existence unless a legal order has subsequently been made to amend it.

Any person can apply to modify the definitive map and statement. Such an application must be made in a prescribed form, set out in the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993.

The responsibility for recording and maintaining rights of way is shared between local authorities, landowners and occupiers. Local authorities must record the legal existence and location of rights of way on the definitive map and ensure that they are open for public use.

The owner or occupier of land with a public right of way across it must:

• avoid putting obstructions on or across the route, such as permanent or temporary fences, walls, hedgerows, padlocked gates or barbed wire
• make sure vegetation does not encroach onto the route from the sides or above, bearing in mind the different clearances needed for users of different types of route, for example by horse riders

Obstructing a public right of way is a criminal offence. The highway authority has the right to demand the landowner remove any obstruction and if the landowner does not, the highway authority can remove the obstruction and recover the cost from the landowner.

Landowners must not disturb the surface of byways, restricted byways and unsurfaced public roads, e.g. by cultivating.

Landowners must not cultivate (e.g. plough) footpaths or bridleways that follow a field edge. The minimum width to be kept undisturbed is:

• 5 metres for a field edge footpath
• 3 metres for a field edge bridleway

Landowners should avoid cultivating a cross-field footpath or bridleway. If the landowner has to cultivate they must ensure that the footpath or bridleway:

• remains apparent on the ground to at least the minimum width of 1 metre for a footpath or 2 metres for a bridleway, and is not obstructed by crops
• is restored to at least the minimum width so that it’s reasonably convenient to use within:
  • 14 days of first being cultivated for that crop
  • 24 hours of any subsequent cultivation, unless a longer period has been agreed in advance in writing by the highway authority

Where a stile or gate on a public right of way is the landowner’s responsibility, it must be maintained so it is safe and reasonably easy to use. The landowner can claim 25% or sometimes more of the cost of any replacement work from the highway authority. Some authorities provide materials, or others may carry out the work themselves. Where a stile needs replacing, the landowner should consider with the highway authority whether to do this with a gate or preferably a gap, so that it will be less of an impediment to people with mobility problems.

Local highway authority’s permission is required before installing any new structure on a public right of way. Unauthorised structures are obstructions and may be removed by the highway authority at the landowner’s expense.

Bulls of recognised dairy breeds which are over the age of 10 months are banned by law from fields containing a public right of way. Bulls over 10 months of any other breed must be accompanied by cows or heifers when in fields with public access.  Any warning notices relating to a bull should only be displayed when it is actually present in a field.

Horses may be kept loose in fields crossed by public rights of way, provided that they are not known to be dangerous.

Landowners can be prosecuted if they keep any potentially dangerous animal on land crossed by a public right of way.

The main ways a PROW can be established are by:

• express dedication—where the landowner has given the public a right of use over their land
• deemed dedication—where there has been uninterrupted use as of right by the public over a period of at least 20 years
• presumed dedication—where the public has used the PROW for an indeterminate period of time and there is no evidence to prove that it has been used otherwise. The burden of proof is on the person claiming the PROW to show that the owner of the land intended to dedicate a PROW

PROW can be created, diverted or stopped up under various provisions of the Highways Act 1980, by what is generally known as a ‘public path order’ (PPO).  Generally, the applicant must undertake initial consultation with user groups and the PROW Officer before the local authority makes the PPO and commences a formal public consultation over a period of 28 days. The order must be advertised on site and in the local press and if there are no objections by the end of the 28-day period, the PPO can be confirmed by the local authority and implemented. If there are objections which cannot be resolved, the PPO is submitted to the Secretary of State for confirmation and a public inquiry may be held.

A PROW can be temporarily diverted to enable widening or repair works to be carried out.

The effect of development on a PROW is a material consideration in determining applications for planning permission. Consultation on the PROW with the PROW Officer and user groups at an early stage of the planning application procedure may help to reduce the risk of delays and increased costs.

The PROW Officer must ensure that the PROW is safe for public use and will try to safeguard against any:

• changes to the surface
• reductions in width
• storage of building materials or vehicles on the PROW
• damage or change in alignment of the PROW
• vehicular or increased vehicular use of a PROW
• additional barriers
• obstructions of PROW

The planning permission may incorporate conditions relating to PROW, e.g. in relation to the maintenance of the PROW.

The granting of planning permission does not give the applicant the right to alter, obstruct or move a PROW.

A PROW can be temporarily diverted or closed in the interest of public safety or for a number of other reasons, by a Traffic Regulation Order, which may be applied for in respect of a footpath, bridleway, BOAT or restricted byway.