What is a Public Right of Way?
It is a highway in law, along which any member of the public has a "right to pass and re-pass" at any time (in accordance with it's status – see below). Rights of way are classified according to the nature of the public’s rights along them:
Public footpaths – these may be used by walkers only. They may take a pushchair or wheelchair if practicable. They are often waymarked with yellow arrows.
Bridleways – these can legally be used by walkers, horseriders and cyclists. They are often waymarked with blue arrows.
Byways – "byways open to all traffic" to give them their full name (or "BOATS" -for short) are available for use by walkers, cyclists, motorcyclists and other vehicle users. They may be marked with red arrows.
Restricted Byway – where the public has a right of way on foot, horseback and in or on a vehicle other than a mechanically propelled vehicle.
Who decides where a right of way runs?
The council is responsible for keeping the Definitive Map of public rights of way up to date. This, together with the definitive statement is the legal record of where rights of way run and what the nature of the public’s right is. Definitive Maps for Warrington were published following a long legal process including extensive consultation with parish councils and local people.
The inclusion of a route on the Definitive Map is conclusive evidence of its existence in law. It should be noted that the map is conclusive evidence of the minimum status of the route – higher rights e.g. bridle rights, may exist along a path recorded as a footpath. Other rights of way may also exist which are not recorded on the map. The Ordnance Survey shows public rights of way on its Explorer and Landranger maps.
You can make an appointment to inspect the map at the council's
Environment & Regeneration
New Town House
Buttermarket Street
Warrington
WA1 2NH
How wide is a Right of Way?
The law does not prescribe a set width for rights of way. Widths vary greatly. In the absence of written evidence of the width of a particular route (e.g. in the Definitive Statement), it can be taken as being the width which has been consistently used by the public. Maximum and minimum widths are set out by the Rights of Way Act 1990 but these are only in connection with reinstatement after ploughing and cropping.
What can I do if I think a right of way is wrongly shown on the Definitive Map?
If you are able to provide strong evidence that a route has been missed off the Map or recorded on the wrong line, that it’s status is wrongly recorded or that it doesn’t exist at all then you can apply to the council for a map modification order to put things right. Contact the PROW unit for advice on how to proceed. The Countryside Agency booklet " A Guide to Definitive Maps and Changes to Public Rights of Way" tells you more (see their website for details).
Register of applications for definitive map modification orders
How do I prevent the public acquiring a right of way over my land?
Under section 31 of the Highways Act 1980 if a way has been used openly by the public without permission or the use of force for a full period of 20 years it is presumed that a right of way has been dedicated to the public by the landowner.
Under section 31(6) of the Highways Act 1980 a landowner may deposit a map and statement with the highway authority showing the highways (if any) that he admits cross his land. If he then within ten years deposits a statutory declaration that no additional ways have been dedicatedto the public since the deposit of the map and statement this is sufficient in absence of proof to the contrary to establish that no additional ways have been in fact dedicated. The landowner may continue to deposit similar declarations at intervals of ten years or fewer with the same effect."
List of Registers
How do I go about diverting a right of way?
It is an offence to divert or close any right of way, even temporarily, without the making (and confirmation) of a legal order by a local authority. You should not ‘informally’ divert cross-field paths around the edge of a field of growing crops- you might end up with a claim for the ‘diversion’ to be recognised as a public path whilst the original remains a legal route.
If a diversion is required to allow new building development to take place then an application should be made to the council. If you want to divert a path for any other reason e.g. to reduce interference with agricultural operations, then you will need to apply to the council to make a Public Path Order. Please note that the legal process is likely to take several months (longer if objections lead to a public enquiry) and will normally cost you several hundred pounds. There is no guarantee that the diversion application will be successful.
Any landowner interested in diverting an existing path or creating a new path where there would be a real benefit to path users is invited to discuss their ideas with the council. The council can meet, where a diversion is not just in the landowners interests, some or all of the costs of a diversion order.
The Countryside Agency's booklet: - "A Guide to Definitive Maps and Public Rights of Way", gives more information (see their website for details) or contact the PROW unit for advice.
Can I stop people bringing dogs onto my land?
The law allows members of the public to take dogs along rights of way but it requires them to keep the dog on a lead or otherwise under close control at all times. A path user who allows their dog to wander off the right of way becomes a trespasser. You have the right to require a trespasser to leave your land.
Can I erect an electric fence across a path?
The council will authorise the erection of temporary electric fencing across a footpath if it is necessary for good husbandry and it incorporates a suitable gate or stile for the passage of pedestrians. The wire must be insulated at the crossing point by a 1.5m length of plastic hose. A clear notice warning that the fence is electrified should be displayed.
Electric fencing must not be placed across or alongside a bridleway, RUPP or byway since a horse receiving a shock may throw it’s rider.
Can I erect a barbed wire fence across a right of way?
A barbed wire fence or exposed barbed wire erected across a public right of way without an adequate means of crossing is an offence under the Highways Act 1980. If the fence is necessary for agriculture a suitable crossing point for path users must be provided, this will require authorisation from the council.
Where a barbed wire fence is situated alongside a right of way it may be a danger or nuisance to path users. If this is the case you will be required to make the fence safe or notice will be served requiring it’s removal.
What can I do if path users leave gates open?
You can install self-closing gates to reduce the risk of accidental escape. You should ensure that any field gates on rights of way are easy to open and easy to close to avoid both the risk of injury to path users and the temptation to leave gates open. Having a stile installed next to a field gate may help reduce the problem- it does not mean however that you can lock the gate.
Am I liable if a walker or rider is injured using a path across my land?
If the injury arises from a deliberate act or negligence on your part than yes. For example if an old stile collapses under a walker then he/she may make a successful claim against you if it was shown that you were aware of the problem but had done nothing to rectify it (see ‘Who looks after Public Rights of Way?’ ). Under the Occupiers Liability Act and other legislation you owe a legal duty of care to visitors to your land (and in law this includes path users). These duties have implications for your public liability insurance.
Who looks after Public Rights of Way?
Responsibilities are shared between the highway authority (Warrington Borough Council) and the occupier (landowner or tenant farmer) of the land across which a public path runs. The council's Rights of Way staff are keen to work with farmers and landowners to maintain paths to a high standard for the benefit of path users and landowners alike. The items listed below are all legal requirements set out in various pieces of legislation.
The highway authority is responsible for looking after path surfaces, signing and waymarking them. It must:
- Assert and protect the rights of the public to use and enjoy all rights of way
- Keep the definitive map up to date
- Prevent the stopping up or obstruction of all rights of way
- Keep rights of way clear of obstruction by surface vegetation
- Assist farmers and landowners with the cost of maintenance of approved stiles and gates and consider applications from them for authority to erect stiles and gates etc on rights of way to facilitate stock management
- Signpost footpaths, bridleways and byways where they leave the metalled road
- Waymark paths where users unfamiliar with the area might have difficulty following the line of the path*
- Maintain most bridges and culverts under rights of way (largely those crossing watercourses which existed before the path) Ensure that occupiers meet their responsibilities
If you are experiencing trespass problems the council can supply waymark discs at no cost to help keep walkers and riders on the right path.
Walkers, riders and other path users are requested to follow the Country Code in particular they should:
- Ensure that, so far as possible, they keep to the line of the path
- Keep dogs on a lead or otherwise under close control, particularly in the presence of stock
As the occupier of land you are responsible for ensuring that any rights of way across your land are kept free of obstruction.
You must:
- Cut back hedge growth alongside rights of way
- Maintain stiles and gates across paths to standards agreed with the highway authority*
- Maintain certain bridges and culverts under rights of way (largely those ones crossing those ditches which came into existence after the path
- Restore the surface of cross-field paths after ploughing
You must not:
- Erect new fences, requiring stiles or gates, across rights of way without the prior permission of the highway authority
- Plough field edge paths
- Allow any prohibited bull in a field through which a right of way passes**
- Erect misleading signs likely to deter use of rights of way
- Remove or alter the direction of rights of way signs and waymarks
- Allow barbed wire or electric fencing to interfere with the public’s use of a right of way
* The highway authority is legally obliged to meet at least 25% of the landowners costs in maintaining stiles and gates on public rights of way
** Only bulls less than 11 months old or of a recognised beef breed and accompanied by cows or heifers can be kept in a field crossed by a right of way.
Ploughing and Field Paths
Paths across arable land are the source of a large number of complaints to the Rights of Way Officer from both path users and landowners. The obliteration of field paths during farming operations can cause considerable problem for walkers both in terms of route finding and simply struggling across furrows and through thick crops. Conversely trespassing off the line of the path by some walkers causes damage to crops and hence to farm incomes. Waymarking can often help in these circumstances.
At ploughing time
If it is necessary you can plough footpaths and bridleways that run across fields. They must be reinstated within 14 days. Please note that you must not plough field edge paths at all nor must you plough up any RUPPs or byways.
Reinstatement must be to the minimum width set out by the Rights of Way Act as listed below.
The line of the path must also be made apparent on the ground. Running your tractor once up and down the path is the easiest method and, if done immediately after ploughing and before leaving the field, will last until the crop gets away.
Additionally, use canes or stakes at sufficient intervals so that the path's route is obvious to users.ÿ Please make sure that your tractor driver is aware of all paths over your land and knows how to deal with them.
Paths must also be compacted and made visible after cultivation and drilling.
Minimum widths
If the width of a path is recorded in the Definitive Statement or on the Map, then that is the minimum width. If the width is not recorded then ‘minimum width’ means:
- 1m for a cross-field footpath
- 1.5m for a field edge footpath
- 2m for a cross-field bridleway
- 3m for a field edge bridleway
- 3m for a cross-field byway or
- 5m for a field edge byway or RUPP
These widths apply only to the law on ploughing and cultivation – they are the minimum you must comply with if you are to avoid action being taken against you. They do not affect other aspects of the law on public paths and do not limit the public’s established rights of passage in any way.
During the growing period
As a crop emerges on a path it’s alignment must continue to be evident on the ground. You need to ensure that the minimum width of the path is then kept free of crop growth.
As soon as a crop becomes an inconvenience to users of a path it must be cleared to the minimum width. As a general rule crops will cause inconvenience to users when they reach 6" (150mm) in height.
When clearing crops you may need to clear the path to a greater width than the minimum in order to prevent the crops falling across the path and therefore causing an obstruction. For instance if a rape crop falls over a cleared path an obstruction is created even if the path has already been cleared to the minimum width.
The minimum widths must be retained throughout the growing period.ÿ Overhanging hedges and trees, which obstruct paths, are also your responsibility. Please keep them cut back.
If a field edge path is becoming overgrown with surface vegetation then please inform the Rights of Way Officer so that it can be cut.
Where can I find out more about Rights of Way?
The Public Rights of Way unit can give advice and guidance on rights of way issues. Call 01925 443321 or make an appointment to visit the unit.
You can also contact us by email: jthorp@warrington.gov.uk
The Countryside Commission publishes a number of booklets on rights of way issues. Write to them at Countryside Agency Publications, PO Box 125, Wetherby, West Yorkshire, LS23 7EP or call 0870 1206466. View their website for more details.
Warrington Borough Council’s Enforcement Policy. This concerns ploughing/cropping offences and path obstructions and will consist of the following.
Promotion: occupiers will continue to be advised of their responsibilities in respect of Public Rights of Way.
Informal Notices: these will be issued prior to statutory notices and reasonable time allowed for compliance.
Statutory Notices: these will be issued authorising remedial works to be carried out by the borough council and to be paid for by the landowner where informal notice has not produced remedial action.
Formal Cautions: these are an alternative to prosecution and are recorded on the Central Register of Convictions where they may be referred to in the event of any further offences committed during a subsequent three year period. A caution will be served where it proves necessary to issue a second statutory notice to an occupier during any three year period.
Prosecution: this in general will be a last resort in cases of repeat offences. Decisions to issue formal cautions and to prosecute offenders will be taken on the advice of the Director of Legal Services.
Rights of Way Improvement Plan
You can view the full plan here:
The following documents are also available: