UK Rights of Way: Ten things you may not know about them

By: Steve Dempster

Paths marked as Public Footpaths are open only to walkers - no cyclists, horse-riders or motor vehicles.

Paths marked as Public Bridleways are open to walkers, horse-riders and cyclists.

Paths marked as Restricted Byways are open to all non-motorised users: walkers, horse riders, cyclists and horse-drawn vehicles.

Paths marked as Byways Open To All Traffic (BOATS) are open to all traffic including motor vehicles - though they may not be maintained to the standard of ordinary roads.

From a legal standpoint, a Public Right of Way is subject to the same protection in law as all other roads, being part of the Queen's Highway.

On a Public Right of Way as listed above, your legal right is to pass and repass along the way. You may stop to rest, take refreshment or simply admire the view - providing you stay on the path and don't cause any type of obstruction.

Paths that cross commons, open spaces and public parks to which the public has normal access may not be Public Rights of Way - though some are.

Some paths are known as Permissive Paths because the owner of the land has given permission for the public to use them. There is often a disclaimer notice on these paths that states that they are not dedicated as rights of way - some are even closed one day per year in order to enforce this statement.

Even though a Public Right of Way may be unused for many years, it remains a Public Right of Way, the legal maxim being Once a highway, always a highway. The exception to this is Scotland, where paths may be closed after twenty years non-use.

If you see a sign by a path declaring it to be a Road Used as a Public Path (RUPP), this is now obsolete. All RUPP's were re-classified in May 2006 as Restricted Byways open to all non-motorised users in the same manner as described above.

Please note:the above information is provided in good faith and is researched to the best of my knowledge. It is not intended to be a definitive interpretation of the law.

Article Source: http://www.articlemetropolis.com

Steve Dempster is actively involved in running several websites and spends part of his working day creating short, informative articles such as the one above. Get more info on walking in the UK at the Countrywalkers website!

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