Basics of Footpath Law

 

This page gives a summary of the law on public rights of way and footpaths in England and Wales & not in Scotland where the legal situation is very different

 
 
 
 
 
 
 

 
  Does and Don'ts of Public Rights of Way  
     
  The Does  
  Footpaths  
    This public right of way is meant for pedestrians only. You are allowed to walk your dog as long as it is under your close control. When walking a dog, you must ensure that it keeps to the public footpath and does not trespass into nearby properties. Prams, pushchair or wheelchairs can also be used on a footpath.  
  Bridleways  
    These are meant for walkers, horse riders and bicyclists. Bicyclists are expected to give way to walkers and horse riders  
  Byways Open To All Traffic (BOAT)  
    These byways are normally marked "byways" and are open to motorists, bicyclists, horse riders, motorcyclists and pedestrians. As with public tarmac road networks, motorists must ensure that they are legally authorised to use BOATs (i.e. registered, taxed, insured and MoT’d).  
  Restricted Byways  
    Restricted Byways are created under the Natural Environment and Rural Communities Act 2006. They are open to the traffic mentioned above in BOATs, but exclude motor vehicles and motorcycles.  
     
  The Don'ts  
  Footpaths  
    Footpaths on edge of a field must not be ploughed. Footpaths can be ploughed, if they cross fields. However, a minimum width of 1 metres must be made available within 14 days of ploughing. Landowners must also ensure that they restore footpaths after ploughing.
If you are walking a dog, you must make sure that it does not stray off legal lines of a public footpath as this may constitute an act of trepass. Also ensure that you clean up your dog mess, if your dog fouls up on a footpath.
 
  Bridleways  
    Bridleways on the edge of a field must also not be ploughed except they cross over fields. Like footpaths, landowners must also give a minimum width of 2 metres within 14 days of commencing ploughing. Landowners must also ensure that they restore bridleways after ploughing. Motor cars, mini motors and motorcyclists are not allowed on bridleways.  
  Byways Open To All Traffic (BOAT)  
    Under-age or banned drivers, quad bikes, mini-motos, non-road-legal scramblers & quad bikes are not allowed on BOATs. BOATs must not be ploughed or obstructed to prevent public use.  
  Restricted Byways  
    Motorcyclists, motorists in motorcars, mini motors, quad bikes, non-road legal scramblers are not allowed on restricted by ways. Restricted byways must also not be ploughed or obstructed to prevent public use  
     
  Other don'ts for landowners  
  You cannot grow crops on a public right of way, however grass can be grown for hay and silage  
  Dairy bulls over 10 months are not allowed to cross over a field with a right of way  
  You cannot put up stiles or gates without the permission of your local authority  
  You cannot put up misleading signs to prevent people from using a public right of way  
  You are not allowed to harass, intimidate (e.g. placing a fierce dog on public right of way) or prevent members of the public from using a public right of way  
  It is an offence under the Highways Act 1980 to put up barbed wires, electric fences or exposed barb wire that prevents or obstructs a public right of way  
     
  Other don'ts for users of public rights of way  
  You are not allowed to disturb or harm any wildlife found on a public right of way  
  You should not drop or leave litter on a public right of way  
  You should not trespass on neighbouring lands to public rights of way. At all times keep to the legal limits!  
 
 
 
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