The most important fact to know about public rights of way is that they are part of the Queen’s highway, and are subject to the same protection in law as a trunk road.
FOOTPATH
This is a highway over which the public have a right of way on foot only. It is also permitted to push a pram, pushchair or wheelchair, although this may not be practical due to the type of surface, slope or stiles.
BRIDLEWAY
This is a highway over which the public have a right of way on foot, on horseback, leading a horse, riding or pushing a bicycle, by wheelchair or pushing a pram.
BYWAY OPEN TO ALL TRAFFIC
This is a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used mainly for the purpose for which footpaths and bridleways are used. Most do not have a surface suitable for ordinary motor traffic.
Some highways are still recorded as Roads Used as Public Paths (RUPPs). These are being reclassified either as bridleways, or as byways, where vehicular rights are shown to exist.
STATUTORY LAW
This is written law, made by a legislative authority. Statutory rights of way are those whose status was confirmed following the National Parks and Access to the Countryside Act 1949, or those created by an Order (see below). Most public rights of way in England and Wales are now statutory rights, except for those whose status has not yet been decided
COMMON LAW
This is unwritten or customary law, based on judicial decisions. Common law rights of way are those used by custom, although in the case of dispute, the existence of this common right may have to be decided in a court of law. Prior to 1949, all rights of way in England and Wales were of this nature. Many rights of way in Scotland are common law rights of way.
ORDERS
Orders are made by County Councils, District Councils or the Secretary of State for the Environment, for the creation, diversion or extinguishment of public rights of way. They usually arise through the request of the landowner. Extinguishments can be made if the local authority considers the path is no longer needed for public use. The grounds for diversion are that it is in the interests of the owner, tenant or occupier, or of the public, and that it is not substantially less convenient to the public. The effect on public enjoyment of the path as a whole must also be considered.
DEFINITIVE MAPS
The Definitive map for each county is the result of the surveying and recording of public paths required under the National Parks and Access to the Countryside Act 1949. It is conclusive evidence in law as to the course of a public right of way. However, the absence of a path from the definitive map is not conclusive proof that it is not a right of way. Nor does the status shown preclude the existence of higher rights. The information is shown on a map to the scale of 1:25, 000 or 1:10,560 and descriptions of the paths may also be given in an accompanying statement. The local Definitive map is available for consultation by the public at County and District Council offices. The map is updated to show the results of confirmed Orders, or changes in a path’s status or existence resulting from documentary or public evidence. The information is included on Ordnance Survey maps as these are updated.
