Access
Breadcrumbs
The legal status of rights of way
Public Rights of Way (PROW) are highways that allow the public a right of passage. The permanence of a PROW is guided by the principle once a highway always a highway - it remains a highway until there is a legal event to close, divert or extinguish it as a PROW.
A PROW can be established in one of three ways:-
- express dedication - where the landowner has deliberately given the public a right of use over their land;
- presumed dedication - where the public have used a ROW for a time beyond anyone's memory; or
- deemed dedication - where a PROW has been in use for 20 years or more.
Mapping rights of way
- Definitive maps of Public Rights of Way - are held by highway authorities. They provide conclusive evidence of the existence and status of a PROW.
Duties of highway authorities and landowners
- Highway authorities (national park, county council, (sometimes) district council, metropolitan borough or unitary authority) must record the legal existence and location of rights of way on the definitive map, and ensure that paths are open for public use.
- Farmers and land managers must ensure that paths are not blocked by crops or other vegetation or otherwise obstructed, that the route is identifiable and the surface is restored soon after cultivation
- If you find a public right of way blocked or impassable, you should report it to the highway authority.
A guide for local authorities paying compensation
We have produced a draft code of practice for local highway authorities paying compensation for the creation of new Public Rights of Way.
