1. What is a Public Right of Way?
2. Are all footpaths Rights of Way?
3. Who owns the paths?
4. What section of the Borough Council is responsible for Public Rights of Way?
5. What is a permissive path?
6. Can I wander off a Public Right of Way?
7. Can I ride a horse, or a bike on a footpath?
8. Can I take a pram, pushchair or wheelchair on a Right of Way?
9. Is it illegal to drive cars or motorcycles on public paths?
10. Who is responsible for cutting hedges growing alongside Public Rights of Way?
11. Who is supposed to look after stiles and gates on a path?
12. Can a landowner put up new gates and stiles where none exist presently?
13. Can I cut back vegetation from a path or stile?
14. Can I take a dog on a Public Right of Way?
15. Must a dog be kept on a lead whilst on a Right of Way?
16. Why are all Rights of Way not recorded on the Definitive Map?
17. How can a Right of Way be added to the Definitive Map?
18. Can a Right of Way be diverted?
19. Can a Right of Way be extinguished?
20. Can a landowner close or divert a path?
21. Is a bull allowed in a field where a Public Right of Way passes?
22. What if a Public Right of Way is ploughed up?
23. What if there are crops in a field?
24. What is a misleading notice?
25. I'm a landowner. Can I divert a Public Right of Way which passes over my land?
A Public Right of Way is a route over which the public have a right to pass and re-pass. Public Rights of Way are more commonly known as:
- Footpaths: for use on foot only (Yellow arrow)
- Bridleways: for use by horses, pedal cycle or on foot (Blue arrow)
- Byways: for use by motor vehicles, horses, pedal cycle or on foot (Red arrow)
Rights of Way can be found in towns, villages and the countryside. Some paths may be surfaced and many are tracks across countryside owned by farmers and landowners. Public footpaths are not to be confused with highway footways, which are pavements to the side of the road.
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No. There are plenty of paths that the public can use but that are not legally Rights of Way. They do not enjoy the same protection in law.
Paths crossing public parks and open spaces, commons and other sites to which the public has formal or actual access may not necessarily be Rights of Way, though some of them are.
Permissive paths are open to the public because the owner has given permission for them to be used: often the landowner places a notice on the path making clear he or she has no intention of dedicating the path as a Right of Way, and reserving the right to withdraw the permission at any time. These paths are sometimes closed for one day a year, with a view to preventing applications to claim them as Rights of Way.
Off-road multi-user routes such as those created as part of the Sustrans National Cycle Network, are available for public use but may not be Rights of Way.
The Countryside and Rights of Way Act 2000 now provides a new form of legal protection for public access to open countryside and common land in addition to the existing provisions for Rights of Way.
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The surface of the path is for most purposes considered to belong to the Highway Authority. What this means is that the Authority owns the surface of the way to the depth of two spits (about 18 inches) and so much of the soil below and the air above as is necessary for the control, protection and maintenance of the highway.
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The Countryside Team is responsible for the protection, maintenance and signposting of Darlington Borough's 347 footpaths, bridleways and byways. As the Highway Authority, the Borough Council has a duty to erect signposts where a Public Right of Way meets a metalled (tarmaced) road. It also has the power and the duty to sign Public Rights of Way to assist users who are unfamiliar with the route. See Rights and responsibilities.
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A permissive path (sometimes called a ‘concessionary path’) is that which the landowner permits the public to use, with the intention that it should not become a Public Right of Way. The landowner may erect notices to that effect and, perhaps, close the path once a year. To ensure that the public does not acquire a Right of Way, as might happen if a notice was removed and not replaced, the owner can take advantage of the alternative procedures.
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No, the legal right to pass relates solely to the Right of Way. Landowners can require you to leave land to which you have no right of access. However, you may take a short route around an illegal obstruction, or remove it sufficiently to get past it.
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No, not without the prior consent of the landowner, otherwise you would be committing trespass against the landowner, or occupier concerned.
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Yes, if it is practicable as they are considered a ‘ usual accompaniment’ of a person on foot.
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Anyone who drives a motor vehicle on a footpath or bridleway without permission from the respective landowner is committing an offence.
Races or speed trials on paths are forbidden.
Permission for other types of trials on paths may be sought from the local authority, if the landowner gives their consent.
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The landowner, or occupier is responsible for controlling side and overhead vegetation from inhibiting the use of Public Rights of Way.
Darlington Borough Council, as the Highway Authority, has a duty to control surface vegetation, although this is distinct from cultivated crops.
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Maintaining these is primarily the landowner's responsibility, but the Highway Authority must, in certain cases, contribute 25% of the cost if asked and may contribute more if it wishes. If stiles and gates are not kept in proper repair the Authority can, after 14 days' notice, carry out the work and send the invoice to the landowner.
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No. Not without seeking and receiving permission from the Highway Authority and then complying with all conditions regarding the said permission.
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A pair of pocket secateurs may be carried in order to cut back only that vegetation which impedes progress along a path, providing that no more than necessary is done to enable you to make your way conveniently along the path. If anything more than this is done, for example you go out with the express intention of clearing a particular path, equipped with tools such as a saw, spade or pick-axe, this risks going beyond what is necessary to enable convenient progress.
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Yes. A dog is considered a ‘ usual accompaniment’ of a person on foot. Nonetheless this entitlement is confined to the line of the path and only exists whilst its owner/ keeper accompanies the dog. A trespass would be committed if the dog is allowed to run off the definitive line of the path, or if the owner/keeper stands at a gate and allows their dog to run free.
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The law does not rule that a dog be kept on a lead whilst accompanied on a Public Right of Way, but rather that it must be kept under close control. However the ‘Dogs (Protection of Livestock) Act of 1953’ makes it an offence to allow a dog to chase or attack livestock, or to be ‘at large’ in a field or enclosure in which there are sheep. ‘At large’ is defined as not on a lead, or otherwise under close control.
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Omissions were made when the Definitive Map was drafted in the early 1950s when Parish and Town Councils first recorded routes in their areas.
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There are two main ways that this can be done:
Dedication: If the landowner owns the land over which the Right of Way crosses s/he can dedicate a footpath or a bridleway.
Modification Order: If the public have used a route for twenty or more years as of public right and without interruption, they may apply for a Modification Order under the Wildlife & Countryside Act 1981. Footpaths, bridleways and byways can be modified using this process.
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Yes, footpaths and bridleways can be diverted under the Highway Act or the Town & Country Planning Act, if there is a planning application pending. The alteration of a byway must go before a Magistrate Court.
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Yes, it is possible to extinguish a Right of Way under the Highways Act, the Town & Country Planning Act or the Wildlife & Countryside Act, however such applications receive tremendous objection and are often not processed or confirmed as a result.
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No. Closure and diversion - that is, a change to a path's route - can only be carried out by local authorities or central government.
Path closures.
Under the most common procedure a highway authority can make an order to close a path if it considers the path is no longer needed for public use. A notice must be published in a local paper and also placed at both ends of the path. At least 28 days must be allowed for objections. These must be heard at a public inquiry taken by an inspector from the Planning Inspectorate, or by private hearing, or they may be considered in writing if the objectors agree.
Path diversions.
These may not take place if the new route will be less convenient to the public than the existing one, and account must also be taken of the effect the diversion will have on public enjoyment of the path as a whole. The procedure is the same as for closure orders.
Paths may also be closed or diverted "in order to enable development to be carried out in accordance with planning permission". There are also provisions for highway authorities to apply to magistrates courts for closure or diversion of paths, and for orders to be made in other circumstances such as the construction of new roads, railways and reservoirs, both on a permanent and temporary basis.
Notice of temporary orders must be given on site; however there is no specified procedure for objections.
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Not if it is a dairy bull over 10 months old, or any other breed over 10 months old that is not accompanied by cows or heifers. Similarly, if there is any question about a bull’s temperament, it should not be allowed in a field where a Public Right of Way passes. The recognized dairy breeds are Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
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Paths across fields may be cultivated if there is no reasonable alternative. The path must then be reinstated within 14 days of the first disturbance and within 24 hours of any subsequent works. A width of at least 1 metre must be left for footpaths across fields and 2 metres for a bridleway. The Countryside section suggests that reinstatement be carried out whilst machinery is still in the field to ensure minimum disruption to the public. See Ploughing and Cropping Issues.
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It is an offence to plant crops, with the exception of hay and silage, across a Public Right of Way. See Ploughing and Cropping Issues.
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This is a sign intended to deter you from using the Public Right of Way, e.g. a sign saying ‘Private’ or ‘Bull in field’, at the point where a path enters a field. Such notices should be reported immediately to the Highway Authority. They are illegal on paths shown on the definitive map.
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Landowners cannot divert Rights of Way, but they can apply to the Highway Authority (Darlington Borough Council) . There are laws controlling what, where and how diversions may be made. Diverting any Public Path involves a lengthy legal process, for which this Council is obliged to charge a fee, which is currently £1375.
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