Rights of Way in England and Wales - Footpaths

Footpaths

See also: Footpath and Long-distance footpaths in the UK

In England and Wales a public footpath is a path on which the public have a legally protected right to travel on foot. Public footpaths often form a dense network of short paths, offering a choice of routes to many different destinations. It is probable that most footpaths in the countryside are hundreds of years old or more.

Footpaths are shown as dashed green lines on Ordnance Survey 1:25,000 (Explorer) maps, or dashed red lines on 1:50,000 (Landranger) maps.

Ordnance Survey maps carry a disclaimer indicating that, besides those routes which have been added on the basis of local highway authority records, 'the representation on this map of any other road, track or path is no evidence of the existence of a right of way'. The exact wording varies from one map series to another. Official changes to the path network may take some years to appear on published mapping.

Local authorities (usually county councils or unitary authorities) are required to maintain the definitive map of all public rights of way in their areas and these can be inspected at Council Offices. If a path is shown on the Definitive Map and no subsequent order (e.g. a stopping up) exists then the right of way is conclusive in law. But just because a path is not on that map does not mean that it is not a Public Path. The Countryside Agency estimated that over 10% of public paths were not yet listed on the definitive map. The Countryside and Rights of Way Act 2000 provides that paths that are not recorded on the definitive map by 2026 and that were in use prior to 1949 will automatically be stopped up on 1 January 2026.

A public footpath is sometimes waymarked using a yellow arrow on a metal or plastic disc or more informally by coloured paint dots on posts and trees.

The right of access on a public footpath normally (only 'normally' because of Wildlife & Countryside Act1981 at s56(1)(a) ) only extends to walking, so there is usually no right to cycle or ride a horse on a public footpath. However, it is not a criminal offence to do so, unless there is a traffic order or bylaw in place specifically - instead it is a civil wrong to ride a bicycle or a horse on a public footpath, and action could be taken by the landowner for trespass or nuisance by the user.

Bedford Borough Council mentions that walkers may:

  • take a pram, pushchair or wheelchair, where possible
  • take a dog as long as on a lead or under close control
  • admire the view, stop for a rest, have a small picnic on the verge
  • take a short alternative route to get round an obstruction

Read more about this topic:  Rights Of Way In England And Wales