If you need any further information please contact the Public Rights of Way team.
Do I have a right to roam?
Generally no, only on Open Access and designated Common Land and Village Greens. On a Public Right of Way, you must stay on the designated linear route.
Am I trespassing if I veer away from an obstructed Public Right of Way?
No. In 1781 Lord Mansfield ruled on a natural deviation "it is for the general good that people pass into another line."
Is it true that a public right of way ceases to exist if it is not used for 20 years?
No, this is not true. Public rights of way continue to exist indefinitely unless the land they cross is destroyed (for example by coastal erosion), or extinguished by a legal process. However, the opposite is true, as a public right of way can be acquired in certain circumstances where there was none previously if a route is used for 20 years (Section 53, Highways Act 1980) or less time (if there is sufficient frequent use) under common law.
How wide is a public right of way?
The definitive map and statement only occasionally specifies the width of a path. However, sometimes there is reliable documentary evidence that indicates the width. If the path is a track or sunken lane the width will usually be the full width between the hedges, walls or banks.
Can a public right of way be moved?
Footpaths and bridleways can be diverted by the landowner under the Highways Act 1980 or under the Town and Country Planning Act 1990 (if the right of way has to be moved because of development and planning consent has been given). See How can I get the definitive map changed? for more information.
Will a newly claimed right of way be improved, tarmacked, lit once it is on the Definitive Map?
No. Lindley J. said "The duty of the highway surveyors is to keep the road as dedicated to the public in such a state as to be safe and fit for ordinary traffic". Burgess v Northwich Local Board (1880)
I have always ridden my horse on a path but it has a footpath sign. How can the route be changed so that is a bridleway?
It is possible to change the status of a right of way (e.g. footpath to bridleway), for example if horse riders have used a footpath for several years without being challenged by the landowner it may be possible to apply to have the footpath 'upgraded' to a bridleway.
I have been using a path for years and it has recently been blocked by a locked gate, a fence or building or there is a new private sign or someone has stopped me and told me not to use the path. What can I do about this?
Check whether the path is a public right of way on the map.
If the path is recorded as a public right of way please contact the Public Rights of Way team to report the problem.
If the path is not recorded but has been used for 20 years or more than you may wish to apply under Section 53, Highways Act 1980 to claim the path as of right.
I've got a problem with a path on my land - can I have it closed or moved?
A landowner may apply for an extinguishment or diversion order, although certain criteria must be met and the public are allowed opportunity to object. Please contact the Public Rights of Way team for more information.
The path that I use is not shown on my map. Does this mean that I should not be using the path?
If you are using an Ordnance Survey map these show public rights of way but there may have been changes to the network since publication of the OS map. It is advisable to check the definitive map and statement as this is the legal record of public rights of way. If the path is not shown on the definitive map and statement but you have been using the path for several years it may be possible to add it to the definitive map and statement.
What is a modification order?
The definitive map and statement are not always complete. Some rights of way may have been missed off the map and other paths may have been incorrectly recorded with the wrong status. These mistakes may be corrected by modification order; a formal process which modifies the definitive map and statement. Councils process orders when they come across evidence that a change is needed. However, the public may gather their own evidence and apply for an order. This often includes user evidence, from people who have used a route; and documentary evidence, copies of historic maps and documents.
Where can I view the definitive map and statement?
The Definitive Map and Statements are held at County Hall, Atlantic Wharf, Cardiff CF10 4UW. Contact the Public Rights of Way to arrange a visit.
Are all paths on O.S. Maps Public Rights of Way?
No. A path depicted on an O.S. map portrays a surveyed physical feature and does not bestow legal status on unregistered paths.
