Walking and Public rights of way

Frequently Asked Questions

Q: Can changes be made to public rights of way?
A: Landowners may apply to the local authorities for the diversion or closure of footpaths and bridleways on their land. Most applications for diversions are either to allow for more convenient farming practice or for the construction of development which has been granted planning permission. In the former case the applicant has to show that the diversion would be in his or the public's interest. However, the local authority, in agreeing to process the application, has to be sure that the new route will be substantially as convenient for the public. It also has to take account of the effect of the diversion on public enjoyment of the path or way as a whole.

For a diversion or closure in association with planning permission, the change to the path must be necessary to enable the proposed development to take place. Applications for the closure of footpaths and bridleways not connected with planning permission are less common than diversions, since the grounds for making them can only be that the path or way is not needed for public use. With the increasing use of the rights of way network, such proposals are normally opposed so that it is difficult for them to succeed. Consultations with all interested parties will be undertaken before the local authority decides to proceed. Even if a closure order is made, the statutory public representation period might well prompt formal objections. If these are not withdrawn, the local authority has to decide whether to forward the order to the secretary of State for the Environment (who would probably hold a public inquiry), or not to proceed with the order at all.

Exactly the same procedures apply to diversion orders if objections are received to them. The District and Borough Councils consider the applications affecting footpaths and bridleways and deal with those where they have granted planning permission. Administration and advertising costs may vary from district to district, and will normally be charged to the applicant. Any work needed to bring the condition of new routes up to an acceptable standard will normally be required of the applicant.

It is a good idea to seek the views of the local group of the Ramblers' Association and the British Horse Society as well as the Parish Council when formulating proposals which affect footpaths and bridleways. This can help to prevent delays occurring at later stages of the applications, which can be costly. For example objections not withdrawn can lead to a public inquiry which could be held as much as one year from the order date. This might hold up new farming practices or development, because the old legal line of the way must remain open until an order is confirmed. Early consultation also helps to generate a climate for negotiation between interested parties. Very often an acceptable proposal can be worked out before the formal order-making stage is reached.

New footpaths and bridleways can be established by a landowner entering into a creation agreement with the County, District, Borough or Parish Council. RUPPs and Byways: Proposals affecting roads used a public paths and byways usually have to be processed by the County Council through the magistrates' court, as there are not powers for the District or Borough Councils to deal with these. However RUPPs and byways normally have considerable historic and ecological importance. Proposals to alter the status of these rights of way will be considered but several factors have to be taken into account. An important one, for example, would be the effect of concentrating vehicular use elsewhere in a more sensitive area. Where RUPPs or byways are affected by planning permission, orders are made by the Secretary of State for the Environment, not the authority granting planning permission.

Q: Can I take a dog?
A: You may take your dog with you, provided that it is kept on a lead or is otherwise effectively controlled and remains on the path and does not "worry" livestock. It is illegal to have a dog off a lead or not under close control in a field in which there are sheep. If a dog injures a person, animal or property, the owner or person in charge of the dog may be liable for damages.

Should your dog foul a path, clean up after it, using dog bins where provided. A landowner may also shoot a dog that is apparently out of control and "worrying" livestock. Other accompaniments: Push chairs are permissible, but the condition of the way might not be appropriate for such use.

Q: Is a landowner expected to remove vegetation?
A: Landowners must keep vegetation from encroaching from their land across or above a right of way. This means that hedges and trees may need regular cutting.

Q: What about bulls?
A: Occupiers may not, subject to certain exceptions, keep bulls in fields crossed by public rights of way. The exceptions are bulls not more than 10 months old, or bulls which are not of a recognised dairy breed (breeds currently identified as dairy are Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) and which are accompanied by cows or heifers.

Q: What about ploughing?
A: Under the Highways Act 1980 as amended by the Rights of Way Act 1990, the landowner or occupier (such as a tenant farmer) has a right to "plough or otherwise disturb the surface" of a crossfield footpath or bridleway, providing that it is not reasonably convenient to avoid disturbing the surface of the path.

It is an offence to plough or disturb the surface of a "headland" (i.e. field edge) footpath or bridleway, or any RUPP or byway. After disturbing the surface of a footpath or bridleway, the farmer must make good the surface so that it is reasonably convenient to use, and ensure that the line is apparent on the ground. This must be done within 14 days of the first disturbance for that crop or 24 hours of any subsequent disturbance, unless a longer period has first been agreed, in writing, by the highway authority.

Crops, other than grass, must not be allowed to grow on or overhang a right of way at any time, so as to obstruct or otherwise inconvenience the public or prevent the line of the right of way from being apparent on the ground.

For certain purposes the 1990 Act sets out "minimum widths" for public rights of way which apply if there is no width recorded, for example, in the Definitive Statement (written description of route). When ploughing or cultivating crops, the landowner or occupier must ensure that the minimum width is reinstated, remains clear of crops and is apparent on the ground. The minimum width for a footpath is 1m across the field or 1.5m on the field edge; for a bridleway it is 2m across the field or 3m on the field edge; for RUPPs and byways it is 3m across the field or 5m on the field edge. These widths only apply to the law on ploughing and cropping and do not affect other aspects of the law on rights of way.

The highway authority can prosecute a landowner or occupier for failing to comply with the law. It can also carry out the work it thinks is necessary (sometimes to a wider "maximum" width) and recover its costs from them.

Further advice is given in "The Rights of Way Act 1990", a booklet published jointly by the Countryside Commission and MAFF.

Q: What are the types of Public Rights of Way?
A: Public paths are classified by the nature of the public rights over them, and signed accordingly. Footpaths may be used by people on foot; there is no public right to push a bicycle or lead a horse, but a push chair may be used where conditions permit. Bridleways may be used for walking, riding or leading a horse or pedal cycling. Cyclists must give way to pedestrians and riders. There is no public right to use a horse-drawn vehicle. Byways open to all traffic may be used by vehicular and other kinds of traffic, where suitable but are used by the public mainly for walking or riding horses or cycles.

Vehicles should give way to other users, and comply with all driving regulations as for ordinary road traffic. They must be taxed, insured, roadworthy and properly silenced. Roads used as public paths (RUPPs) have minimum public rights as bridleways and can therefore be used for walking, horse riding and cycling. Vehicular rights may exist along some routes.

Q: What can a landowner do on rights of way?
A: Property Rights: A right of way allows the public to pass over private land only along a fixed route, and the owner can also use this land for activities such as work or recreation. A typical example is when a footpath follows a private access road which is also used by a farmer for farm vehicles and by his children and their friends (with permission) for horse-riding.

Q: What can't I do?
A: Unauthorised Driving or Riding: You should not drive a motor vehicle on a footpath or bridleway, or ride a horse or cycle on a footpath, unless you have the express permission of the landowner. You should not drive off a right of way onto private or common land without the landowner's permission. It is not true that you may park anywhere within 15 yards of a road for action might be taken against you for trespass. Reckless or dangerous driving on any right of way, having regard to the nature, condition and use of it, is also an offence.

Q: What does the law say?
A: It is the responsibility of Solihull MBC as Highway Authority to assert and protect public rights of way in Solihull. Usually a right of way is maintained at public expense with its surface being vested in the highway authority and the underlying land probably owned by the adjoining landowner. Local Planning Authorities also possess some limited powers in relation to the enforcement of rights of way. The only cases in which the Local Planning Authority can take action are those in which the blocking of the public right of way results from a breach of the planning permission, either:

• the permission has not been carried out in accordance with the approved plans;
• a condition of the planning permission has not been complied with.

In such cases the Local Planning Authority's enforcement action will be against the breach of planning control and not against the blocking of the public right of way. But the effect of the action may result in the removal of the blockage. A landowner is responsible for the maintenance of stiles and gates along the right of way and can claim from the relevant maintenance authority a contribution towards the costs involved. In practice the local councils often provide materials such as stile kits as their contribution. The landowner cannot erect new stiles or gates, for example in new fences, without first obtaining permission and specifications from the maintenance authority. Rights of way should generally be maintained to a standard appropriate to their location and use. It is not therefore reasonable to expect identical standards of maintenance between urban and rural paths. Paths through farms must be safe and unobstructed but users should expect to need clothing and footwear suitable for uneven, wet or muddy conditions, particularly in winter.

Q: What if drainage or other works are required?
A: Before carrying out any work which might affect a right of way, such as ditch digging, tree planting, building, laying pipes and cables, the County Council must be consulted so that the work can be approved and, if necessary, a licence issued. Landowners should not carry out works on adjacent land which might adversely affect the drainage of a right of way.

Q: What if I trespass?
A: If people knowingly or unknowingly stray off a public right of way onto other land against the owner's wishes and without the legal right to do so, they are trespassing. The landowner can ask them to leave or have them removed.

Q: What is a Public Right of Way?
A: A public right of way is a route or way over which the public has a legal right to pass and re-pass. All public rights of way are public highways. The land over which the right of way runs is usually private land; the surface of the path is vested in the highway authority (County Council), but the subsoil is the property of the landowner.

Q: What is an obstruction?
A: It is illegal to obstruct a right of way, for example, by putting barbed wire or an electric fence across a path, or by reducing its width by fencing part of it off, dumping rubbish etc. Also, placing barbed or electrified wire across a stile would be an unlawful nuisance unless it is enclosed or insulated. Overhanging vegetation, growing crops and slurry can also be considered as obstructions. The County Council can take formal legal action against obstructions, and any problems relating to the above should be reported to them.

Q: What is the legal width?
A: The law requires no standard width for any right of way. Where a particular highway has historically lain between or been bounded by features such as hedges, ditches, walls etc, it is generally assumed that the public will have rights between these "boundaries" as part of the route. Sometimes widths have been laid down by Parish Enclosure Awards. Where neither boundaries on both sides or a specified width applies and a dispute arises, evidence from local people would normally be sought to establish the width of way habitually used.

The Highways Act 1980 as amended by the Rights of Way Act 1990 sets out "minimum widths" in relation to ploughing and cultivating.

Q: What signs can a landowner erect?
A: A landowner may not erect misleading signs likely to deter people from using a right of way. For example, a sign "Private Road" placed on a track which is also a byway would be a misleading sign, but not necessarily if it was on a footpath or bridleway.

Q: Where can I find out about public rights of way?
A: Ordnance Survey maps are recommended to help you to plan and follow your route along rights of way in the countryside.

The information shown on Ordnance Survey maps is derived from the Definitive Map and Statement of Public Rights of Way. These are the legal documents which provide conclusive evidence of the existence of public paths. The original Map and Statement showed information about public rights existing in the 1950s which was collected by Parish Councils and was subject to objections from landowners and users.

The Map and Statement are continually being updated by means of modification orders which are made by the County Council when any legal changes to the network are confirmed. Modification orders are also made when sufficient documentary evidence and/or evidence of public use of a path is produced to enable the Council to consider that a public right of way not already on the Map exists or that the location or status of a path on the Map should be changed. Any individual or group may apply to the County Council for such an order to be made - this is called a "claim" and is usually based on evidence of at least 20 years' public use of the path. If objections to these modification orders are received, a Department of the Environment Inspector considers the evidence produced and decides whether or not the order should be confirmed. The Definitive Map and Statement is held by the Rights of Way Section based at the Council House in Solihull. If you would like to arrange an appointment to view the map please contact David Keaney (Rights of Way Officer) on 0121 704 6429. Copies of the Definitive Map are also available for viewing at the Connect Centre in the town centre.