The best advice we can give to landowners with public rights of way on their land is to ensure that they have a copy of the current Definitive Map and Statement from their highway authority and to check this carefully against what is on the ground. Once you have that, take account of the following...
1. Do not underestimate the powers of the Highway Authority!
Councils have considerable powers and discretion in the management of the rights of way network. They have powers to enter onto land, conduct surveys and carry out urgent works. They can serve notices requiring landowners to undertake work.
These powers must be properly exercised by the right people - if you have any doubt check with us first.
2. Public Rights of Way are a burden.
In general terms the landowner is not responsible for accidents that occur on the highway or for the maintenance of the surface. However the path must not be obstructed by gates or stiles unless these are historic limitation or have been authorised by the council. There must be nothing that discourages public use of the route and the whole width must be available for the public.
This creates a problem where the width is not defined in the Definitive Statement.
If you have doubts, please contact us.
3. Protect yourself
Maintain clear signs stating "no public right of way". Keep permissive paths signed. If signs are removed or defaced inform the highway authority in writing.
Complete a Map and Statement deposit.
4. Gates and Stiles and Widths
Please visit our Client Guides page to see the latest advice we offer.
