Footpaths, bridleways and byways are said in law to have been ‘dedicated’ to the use of the public by the owner of the land they cross. Very few have been formally dedicated, most being ‘presumed dedicated’ because the public have used them uninterruptedly for at least 20 years. As most rights of way are ‘maintainable at public expense’, the surface (the top two spade depths or so) is owned by the highway authority.
The highway authority is ultimately responsible for ‘asserting and protecting the rights of the public to the use and enjoyment’ of paths in their area. The highway authority is the County Council, metropolitan district or outer London Borough Council for the area. District Councils, Parish Councils, Community Councils (the equivalent of Parish Councils in Wales) and National Park Authorities may take over some of the responsibilities outlined below. Contact the rights of way officer at your local highway authority to find out who is responsible in the area with which you are concerned.
Voluntary groups who want to work on public rights of way must arrange to do so with the relevant authority, who is then responsible for dealing with any claims for damages which may arise. The landowner must also be consulted either by the authority or directly by the group. The procedure depends on the system operated by the particular local authority.
Many authorities have set up Parish Paths Partnerships, which are partnerships between highway authorities, local councils and voluntary groups, to keep rights of way open and in use. The highway authority gives a grant to parish councils or local groups, to cover the costs of work over a three year period. Eligible work includes path condition surveys, developments and improvements, publicity and promotion.
Some authorities also operate ‘adopt-a-path’ schemes, under which local groups or individuals take over some of the responsibility for checking and maintaining their adopted path.
There is no set standard to which rights of way have to be maintained, but they are required to be in a condition appropriate for their expected use, with reasonable care being taken by the highway authority to ensure that they are safe.
On tenanted land, the landowners’ responsibilities outlined below become those of the tenant or occupier.
Surface
The local authority is responsible for the maintenance of any surface, such as Tarmac, gravel or chippings, overlaying the soil of the path. Ploughing and other cultivations, and any farming activity that causes problems of drainage are the responsibility of the landowner.
There is a statutory right to plough any footpath or bridleway which crosses a field. Footpaths and bridleways along the edges of fields and all byways open to all traffic never have a right to be ploughed. Prosecution can be brought by a local authority against anyone who ploughs a footpath or bridleway without a right to do so.
If a footpath or bridleway crosses a field, the farmer is entitled to plough or disturb it when necessary to sow, cultivate or harvest a crop. He must then restore the surface of the path to make it reasonably convenient for walkers and riders to use, and to make sure that the line of the path is, and remains, clear on the ground. Normally this must be carried out within 24 hours of the start of the disturbance. In the case of the first disturbance for any one crop, a period of 14 days is allowed, to provide for the initial preparation of the land. Minimum widths are set for restoration. For rights of way across a field, the minimum widths are 1m for a footpath, 2m for a bridleway, and 3m for byways. For field edge paths, the widths are increased to 1.5m, 3m and 5m respectively. These rules only apply for paths restored after ploughing or kept clear of crops, and do not apply generally to rights of way.
Growth
The local authority is responsible for clearing any growth, except a crop, from the surface of the path. This includes, for example, nettles or bracken which grow in the line of the path and block it. Any overhanging growth from trees, hedges, shrubs, nettles or other herbaceous plants adjoining the path is the responsibility of the landowner. The local authority can require the landowner to carry out this work, and if necessary, can do it themselves and recover costs.
A standing crop is the responsibility of the landowner, as this results from failure to restore the surface after ploughing. As the local authority can restore a ploughed surface and recover costs if the landowner fails to do so, this could involve clearing a standing crop. Crops includes cereals, oil seed rape and root crops, but do not include grass being grown for pasture, silage or haymaking.
Set-aside land is considered still to be in agricultural use. Natural regeneration along paths which mainly comprises regrowth from the previous crop should be cleared by the landowner. Natural regeneration of grasses and plants not sown by the landowner should be cleared by the highway authority. For further information see ‘Managing Public Access’ (Countryside Commission 1994).
Stiles and gates
Stiles and gates on footpaths must be maintained by the landowner in a safe condition, and to a standard which does not make an unreasonable interference to the rights of users. A minimum 25% grant must be contributed by the local authority towards the cost of erection or maintenance of a stile or gate if the owner requests it. If the owner does not properly maintain the stile or gate, the highway authority can require the work to be done, or carry out the work itself and recover its costs. In practice, many authorities provide a stile or gate kit at no cost to the owner, which the owner or volunteers then install. An owner wishing to
erect a stile or gate on a right of way where none existed before must apply to the highway authority for consent.
Bridges
The local authority is usually responsible for the maintenance of bridges on rights of way. The landowner must provide adequate bridges where new ditches are made or existing ones widened. Bridges that cross canals or railways are maintainable by the canal owner or the railway company.
Signposting and waymarking
The highway authority is required to signpost all junctions of footpaths, bridleways and byways with metalled roads. The sign must state whether the path is a footpath, bridleway or byway, and may give a destination and distance.
Waymarking is marking of a path along its route. The recommended system uses yellow arrows for footpaths, blue for bridleways, and red for byways. The highway authority is required to waymark those rights of way where, in the authority’s opinion, it is necessary to help anyone unfamiliar with the locality to follow the route.
Signposts and waymarks are protected as ‘traffic signs’, and it is an offence to remove or obliterate them. For further information see Chapter 13 – Waymarking.
Access for maintenance
The regulations prohibiting vehicles on footpaths and bridleways do not apply if the highway authority (or the group acting as agent for it) need access by vehicle for maintenance or improvements to be carried out. The highway authority is liable if any damage to the landowner’s property occurs.
