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Access to the Countryside. References. RIGHTS OF WAY a guide to law and practice John Riddall and John Trevelyan www.ramblers.org.uk www.countryside.gov.uk www.ca-mapping.co.uk www.ccw.gov.uk. Statistics. 209,000 km footpath, bridleway and other tracks in England and Wales Annually in UK

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references
References
  • RIGHTS OF WAY a guide to law and practice John Riddall and John Trevelyan
  • www.ramblers.org.uk
  • www.countryside.gov.uk
  • www.ca-mapping.co.uk
  • www.ccw.gov.uk
statistics
Statistics
  • 209,000 km footpath, bridleway and other tracks in England and Wales
  • Annually in UK
    • 750 million walking days
    • 22 million horse riding days
origin of rights of way
Origin of Rights of Way
  • Presumed dedication in common law
    • Highway in use beyond memory
  • Presumed dedication – s31 HA80
    • After 20 years use without interuption a highway is presumed dedicated for public right of way unless contrary intention exists
  • By statute – s26 HA80
    • Creation agreement by local authorities
rights of way by common law
Rights of Way by Common Law
  • Source of most footpaths, bridleways and carriageways
rights of way by statute
Rights of Way by Statute
  • National Parks and Access to the Countryside Act 1949
    • Introduced procedures to record public rights of way
    • Made footpaths and bridleways maintainable at public expense
  • Highways Act 1949
    • Consolidated into Highways Act 1980
    • Enforced a highway authority’s duty to maintain rights of way
rights of way by statute7
Rights of Way by Statute
  • Countryside Act 1968
    • Updated definitive maps
    • Gave cyclists right to use bridleways
    • Required paths to be signposted
  • Wildlife and Countryside Act 1981
    • Further changes to definitive map procedures
    • Introduced legislation on grazing bulls on rights of way
rights of way by statute8
Rights of Way by Statute
  • Rights of Way Act 1990
    • Amended duties on ploughing rights of way
    • New duties to prevent crop disturbance of rights of way
  • Access to the Countryside Act 2000
    • Introduced open access
rights of way
Footpath

Bridleway

Carriageway

cycletrack  motorways

road

street

footway

Road Used as Public Path (RUPP)

Byway open to all traffic

Green lane

Rights of Way
footpath
Footpath
  • Right of way on foot only
bridleway
Bridleway
  • Right of way on foot and horseback
carriageway
Carriageway
  • Includes
    • cycletrack  motorways
    • road
    • street
    • footway
  • Right of way on foot, on horseback and with a vehicle
  • Cycleways – cycle/foot
  • Motorways – some vehicle only
road used as public path rupp
Road Used as Public Path (RUPP)
  • NPACA 49
    • A way other than a footpath or bridleway
    • Does it have vehicular rights?
  • Gosling Committee 1968 recommended reclassifying into
    • Unclassified road
    • Bridleway
    • Footpath
  • Reclassification in progress
byway open to all traffic
Byway open to all traffic
  • A carriageway mainly used by walkers and those on horseback
  • Open to vehicles as well
green lane
Green lane
  • No legal meaning
  • Physical description for unsurfaced track
  • Can be footpath, bridleway or carraigeway
  • May not have rights of way
local authorities
Local Authorities
  • Major council
  • County, District, Unitary, Metropolitan
  • County, Unitary and Metropolitan are Highway Authorities responsible for rights of way
duties of highway authority
Duties of Highway Authority
  • Maintain rights of way
  • Keep an up to date list of rights of way
  • Protect rights of way and prevent obstruction
  • Enforce restoration of ploughed or disturbed footpaths/bridleways
  • Take action against unlawful disturbance of highway
  • Enforce duty on occupier not to inconvenience users of rights of way
  • Signpost and waymarking
  • Prosecute misleading notices on rights of way
definitive maps
Definitive maps
  • Required by statute
  • List all known rights of way in a local authority area
  • Public document
access to the countryside act 2000
Access to the Countryside Act 2000
  • In force since 30 January 2001
  • http://www.legislation.hmso.gov.uk/acts/acts2000/20000037.htm
  • Countryside Agency – ENGLAND
  • Countryside Council for Wales - WALES
access to the countryside act 200020
Access to the Countryside Act 2000
  • a new right of public access to mountain, moor, heath, down and registered common land;
  • provision of effective safeguards to take account of the needs of landowners and managers and of other interests, including wildlife;
  • the right will not apply to developed land, gardens or to cultivated land;
access to the countryside act 200021
Access to the Countryside Act 2000
  • the right will be subject to sensible restrictions to avoid activities which might cause harm or damage;
  • the right will not extend to cycling, horseriding or driving a vehicle;
access to the countryside act 200022
Access to the Countryside Act 2000
  • landowners’ liability as occupiers will be reduced to a minimum;
  • provision for landowners to close access land or otherwise restrict access without needing permission for up to 28 days each year;
access to the countryside act 200023
Access to the Countryside Act 2000
  • provision for further closures or restrictions to take account of the needs of conservation, land management, defence and national security, and safety;
  • provision for possible extension of the right of access to coastal land, but only after public consultation;
  • a power for landowners voluntarily to dedicate their land for access.
slide24
Maps

http://www.ca-mapping.co.uk/mapping/Default.htm

http://www.ccw.gov.uk/mapping/index.cfm?lang=en

trespass
Trespass
  • Trespass is the unlawful entry by one person onto land in the possession of another
  • If a person accidentally wanders off a public right of way path onto another\'s land i.e. gets lost, he/she will be trespassing
trespass26
Trespass
  • It can be a defence in an action of trespass that a person strayed onto land not by his/her own actions e.g. if a horse bolted. This is not trespass and the person in control of the land cannot sue.
  • Trespass must be voluntary.
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