A public right of way is a path or way that anyone has the legal right to use at least on foot, and often by other means, whether on horseback, cycle, horse-drawn carriage, or motor vehicle. There are four categories of public rights of way:

• Public footpaths are open only to walkers.
• Public bridleways are open to walkers, horse-riders and cyclists
• Restricted byways are open to walkers, horse-riders, and drivers and riders of non-mechanically propelled vehicles (such as horse-drawn carriages and pedal cycles).
• Byways open to all traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads.

People using wheelchairs or mobility scooters can use all of the above routes where they are suitable.

The recorded status of a route is also without prejudice to any unrecorded higher rights (see ‘What if a way is not shown on the definitive map?’).

Like the ordinary road network, public rights of way are highways.

Some minor roads in the countryside are not tarred, but they are open to all traffic, like any other road: you may see these signposted as ‘public way’ or ‘unmetalled road’, and they are usually marked on Ordnance Survey maps with green or red dots (depending on the type of map) and labelled as ‘other routes with public access’.

• Most public rights of way are recorded on the definitive map and statement held by county councils and unitary authorities. This is the legal record of public rights of way. You may be able to view a copy of it on your authority's website.
• Public rights of way shown on the definitive map appear on Ordnance Survey maps in the Explorer and Landranger series. You may be able to obtain local Ordnance Survey mapping on the internet, or on apps for phones, but beware of getting lost if you don’t have a signal or your battery fades.
• Changes are made to the definitive map and statement from time to time, and these changes may not appear on Ordnance Survey maps until some time later. Check with the local authority if you are uncertain about a particular route.

• You have the right to pass and repass along a right of way.
• You also have the right to do anything reasonably ancillary to passage, according to the nature of the route — for example, on a broad downland track, it would be reasonable to stop and take a sketch or eat a sandwich.
• You may take with you anything which is a ‘reasonable accompaniment’ — such as a pram or a dog (but please refer to 'What are my responsibilities?' and 'Should my dog be kept on a lead on a public right of way?' regarding dogs on public paths) — but a right of way need not be sufficiently wide or convenient to accommodate anything you take with you.
• You may use the right of way, even if it is obstructed, obliterated by cultivation or otherwise made inconvenient — but you should try to make sure that you really are correctly following the right of way (see other questions below about the definitive map).

• Try to follow the Countryside Code.
• You have a right to pass along a right of way consistent with its designation: so you have no right to cycle along a footpath, or to drive a motor vehicle along a restricted byway. Byelaws (particularly in towns) may make it a criminal offence to cycle or ride on some footpaths, and it is always an offence to drive a motor vehicle along a footpath, bridleway or restricted byway, unless the owner has given his permission, or the owner of adjoining land has acquired a statutory right to drive on a restricted byway
• If you take a dog with you, keep it under close control, and preferably on a lead in fields with livestock; you have no more right to allow your dog to stray from the right of way than you have. See also ‘Should my dog be kept on a lead on a public right of way?’.

Yes, the landowner must keep the right of way free of obstructions (such as fences and locked gates).

• The landowner must also provide access through or across any fence — typically by providing a gate (but landowners must not erect new fences across rights of way without the permission of the local authority, even if a stile or gate is fitted).
• The landowner must not cultivate a public right of way (such as by ploughing or planting a crop on it), except that a cross-field footpath or bridleway may sometimes be cultivated if it is reinstated, convenient for use, within a fortnight on the first occasion each year, and within 24 hours on any subsequent occasion.

• First, check whether the problem is truly on a right of way. If you’re not sure, check the definitive map and statement held by the local authority — try online first.
• If it is, most local authorities allow online reporting of problems — this makes it easier and quicker for them to respond.
• Report it to our local correspondent, if there is one — local correspondents may be able to lobby the authority for quicker action.
• See impassable paths for more information about what you can do if you find a problem on a path.

• The definitive map and statement provide conclusive proof in law of the existence and status of those routes shown on the map, and of any particulars such as position, or width or limitations recorded in the statement, at the relevant date. But the law recognises that many rights of way will exist but will be unrecorded (or under-recorded): ways which have been used for many years without challenge, or where there is historical evidence that a public right of way exists.
• In other words, simply because a route is not shown on a definitive map does not prove that it is not a public right of way.
• You can apply to the local authority to have a public right of way recorded on the definitive map and statement through a ‘definitive map modification order’, where it has been used for many years without challenge, or because historical evidence exists of a right of way.
• Your county council or unitary authority should have details on its website about making applications — but in order to be successful, you will need good evidence to support it.
• We may be able to help you if you are considering whether to make an application. See claiming a public path for more information.
• Natural England has produced A guide to definitive maps and changes to public rights of way, which also sets out the process in England. For Wales, information is available on the Natural Resources Wales website.

There is no standard statutory width for a public right of way. It will be whatever width was dedicated for public use. This may have arisen through usage, or by formal agreement, or by order, for example if the path has been diverted.

• The width may be recorded in the statement accompanying the definitive map, but in many cases the width will be a matter of evidence.
• If a path runs between physical boundaries (walls, hedges, fences etc.) it may be presumed that the whole area between these has been dedicated to the public provided the boundaries were laid out with reference to the highway.
• If the width of a path is not defined, the width is that which has been habitually used by the public. Note that the width of the public right of way itself may be greater, or sometimes less, than the width of any track or hard-surfaced strip along the route.

Where a path of no defined width has been affected by ploughing or cropping, or some other disturbance (see above), it must be reinstated to a minimum width set out by statute. For a cross-field footpath the minimum width is one metre and for a cross-field bridleway it is two metres. Field-edge footpaths must be kept clear to a minimum width of one and half metres, and all other highways to three metres, again where not otherwise defined.

There is no law specifying that dogs must be kept on a lead on a public right of way but there may be local restrictions.

• Local authorities can use a public spaces protection order (PSPO) (under Chapter 2 of Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014) to place prohibitions or restrictions on a public place, which is defined as ‘any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission’. As well as including highways, the term extends to permissive paths, parks and open spaces and any area of open access, whether or not covered by access legislation. Such a restriction might be a requirement that a dog is kept on a lead, or excluded from certain areas. Such orders may also place a restriction on the number of dogs you can walk.
• A local authority may also make an order under section 27 of the Road Traffic Act 1988 to introduce this as a requirement on designated highways.

Where there is no order in place, a dog must be kept under close control, preferably on a lead in fields with livestock, and walk only along the line of the path. An act of trespass may be committed against the land holder if it strays from the line of the path.

There is no legislation preventing owners from keeping cows (or horses) in fields crossed by rights of way. The only animals that are banned are bulls (with certain exceptions – see below) and dangerous animals.

When using paths through fields where livestock is present follow guidance in the Countryside Code. Advice includes:

• Give livestock plenty of space. Their behaviour can be unpredictable, especially when they are with their young.
• Keep your dog under effective control to make sure it stays away from livestock. It is good practice wherever you are to keep your dog on a lead around livestock.
• Let your dog off the lead if you feel threatened by livestock. Releasing your dog will make it easier for you both to reach safety.

All near-misses and incidents resulting in injury should be reported to the Health and Safety Executive and the highway authority.

Farmers can be liable to civil and/or criminal proceedings if members of the public are injured by their livestock.

Section 59 of the Wildlife and Countryside Act 1981 makes it an offence, subject to important exceptions, for the occupier of a field crossed by a right of way to cause or allow a bull to be at large in it.  The exceptions are:

(a) bulls less than ten months old; and

(b) bulls which are not of a recognised dairy breed and which are accompanied by cows or heifers.

Recognised dairy breeds are Ayrshire, British Friesian, British Holstein, Diary Shorthorn, Guernsey, Jersey, and Kerry.

Any bull over the age of ten months is prohibited by itself, and any such bull, which is of a recognised diary breed, is prohibited even if accompanied by cows or heifers.

Public rights of way are highways, and any changes must go through a legal process. It is an offence to divert or close a public right of way, even temporarily, without lawful authority. Anyone who does runs the risk of enforcement action being taken against them (see impassable paths).

Local authorities have various powers to authorise the closure or diversion of public rights of way for certain purposes – these may be temporary or permanent changes.

Temporary Traffic Regulation Orders

• A traffic authority (usually the county council or unitary authority) may make a temporary traffic regulation order (TTRO) under s.14 of the Road Traffic Regulation Act 1984 to restrict or suspend the use of a highway by traffic. Such an order may be made: 'because works are being or are proposed to be executed on or near the road; or because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works', or for litter clearing (s.14(1)).
• A TTRO made in respect of a footpath, bridleway, restricted byway, byway open to all traffic or cycle track may not be made for a period of more than six months. However, the authority may apply to the secretary of state to direct an extension of the TTRO, and if he thinks fit, the secretary of state may then extend the TTRO for a further period — that period is not specified but is usually six months. A TTRO may be further extended from time to time in the same way. The traffic authority must publish notice of the direction extending the TTRO in a local newspaper.
• A TTRO may also be used to facilitate development on a site crossed by a public path, even where the intention is to reinstate the path (whether on the same line or on a diverted line) at the conclusion of the development.
• For more information on TTROs see our information sheet on opposing extensions to TTROs.

Permanent path changes

Local authorities have powers to make orders to permanently create, divert, or extinguish footpaths, bridleways, and restricted byways for limited reasons – these are known as public path orders. A landowner can apply to the authority for a public path order to move a path or stop it up altogether.

• Section 119 of the Highways Act 1980 allows a local authority (usually the highway authority – the county council or unitary authority) to make an order to divert a public right of way in the interest of the landowner, the public, or both.
• The order must be advertised to the public and relevant organisations with a period of consultation of 28 days. During the consultation period, any person can object to the order by writing to the order-making authority and stating the grounds of objection.
• If the authority receives an objection, it cannot confirm the order. It can either abandon the order, or it can submit the order to the secretary of state who will appoint a planning inspector to decide whether to confirm it. The inspector may hold a public inquiry.
• Before the order-making authority can confirm an unopposed order, or the inspector an opposed order, made under this section, they must be satisfied that the diversion route is not substantially less convenient than the original route.  They must also consider how the diversion would impact the public’s enjoyment of the route as a whole.  Therefore, if you want to object to a diversion, focus on how it impacts on the convenience and enjoyment of your use of the route.
• Under section 118 of the 1980 act, a landowner can apply for an order permanently to close a path. The process is the same as above, but the legal test that must be satisfied is that the path is not needed for public use.

Paths may also be diverted or extinguished to enable development to take place (see below).

See also A guide to definitive maps and changes to public rights of way, produced by Natural England. For Wales, information is available on the Natural Resources Wales website.

The effect of development on a public right of way is a material planning consideration, which means that the planning authority must take the impact of the development on the public right of way into account when deciding whether or not to grant permission. Authorities should also take account of any relevant government or local policies.

Section 257 of the Town and Country Planning Act 1990 (TCPA) allows local planning authorities outside Greater London (the district council or unitary authority) to make orders to divert or extinguish public paths if the authority is satisfied that the diversion or extinguishment is necessary to enable development to take place.

• Orders under s257 of the TCPA may be made where planning permission has either been granted or applied for (note that an order cannot be confirmed unless planning permission has actually been granted). The legal order must be made and confirmed to ensure the development does not unlawfully obstruct the public path.
• As with orders made under the Highways Act 1980, TCPA orders must be advertised and objections may be made during the 28 day consultation period. Note that the consultation on a public path order is not a further opportunity to object to the development itself.
• If there are objections to a TCPA order, then the planning authority must refer the matter to the secretary of state if it wants to proceed with the order. For the order to be confirmed, the inspector must be satisfied that it is necessary for the path to be diverted or extinguished to enable the permitted development to be carried out. He or she will assess whether the development can or cannot go ahead without changing the path and weigh the impact of the path change against that of the development not going ahead.
• If a path is proposed to be extinguished you may be able to protect it if you can prove that the path can successfully be diverted to a suitable alternative route.

If a development is substantially complete and a path obstructed without an order to divert or extinguish it, the planning authority can no longer use a TCPA order. In such circumstances, the applicant would have to seek an order under the Highways Act 1980. Alternatively, he or she may have to knock down the development.

The Department for Transport for England, the Welsh Ministers, and the local authorities in Greater London can make orders under section 247 of the Town and Country Planning Act 1980 for similar reasons. However, there is less opportunity to object.

Changing public rights on a footpath to allow use by cyclists can be achieved in a number of ways:

1. The simplest mechanism is for the owner of the land to permit use by cyclists (or horse riders) by replacing stiles with gaps or gates. However, it is important to be aware of several drawbacks:

i. the footpath may cross lands in different hands, and the owners may not agree.

ii. there may be doubt about the ownership of specifically the footpath (perhaps the land has no registered proprietor).

iii. pedestrians may object to use by cyclists (even if permitted by the owner), particularly if there is insufficient room to pass (though the owner could provide additional space on a permissive basis).

iv. there is an argument that, because the highway usually is vested in the highway authority, the authority must join in approving the wider use.

v. in extreme situations, such as a footpath in a confined space (g. a narrow alleyway), permitting use by cycles (or horses) may be a public nuisance giving rise to criminal liability (although we are not aware of a prosecution in modern times).

2. The highway authority may use the Cycle Tracks Act 1984: see 3.  Use of the Act requires the consent of the owner and occupier of any agricultural land (see s3(2)), and there may be an entitlement to compensation (s5).  The downside is that, having redesignated a footpath as a cycle track, it must be removed from the definitive map and statement (although the rights are enhanced by the addition of a right to use a cycle — the effect on the definitive map and statement is purely an administrative necessity).

3. The gold standard is to 'upgrade' the footpath to a bridleway, so that it becomes accessible to cyclists and horse riders.  Upgrade can be done by express dedication by the owner, agreement between the owner and the parish council under s30 of the Highways Act 1980, creation agreement between the owner and the district or county council under s25, or a creation order made by such a council.  It may be necessary to secure additional width beyond the confines of an existing footpath.  In addition, use of a bridleway by cyclists is subject to s30 of the Countryside Act 1968, which requires that: 'cyclists shall give way to pedestrians and persons on horseback.'  Failure to give way may give rise to criminal liability for careless or inconsiderate cycling under s29 of the Road Traffic Act 1988.

• A permissive path is a path which the landowner expressly 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 from time-to-time.
• Permissive paths may also be provided by formal agreement, such as through an agri-environment scheme, or with a local authority or council. Because a permissive path is not a public right of way, it is not subject to rights-of-way law and claims cannot be made to have the path added to the definitive map on the basis of user evidence during a 20-year period where it was known that the path was permissive (see ‘claiming a path’).

See our information sheet on impassable paths for guidance on the types of problems which make paths impassable, and how to address them.