Rights of Way FAQs
What are my legal rights on a public right of way?
You have a legal right to 'pass and repass' along a public right of way. You may stop to rest or consume refreshments as long as you stay on the path and do not cause an obstruction. You may also take with you a ‘natural accompaniment' such as a pram, pushchair, wheelchair or a dog.
The phrase 'pass and repass' just means normal use. There was a case where someone stopped on a footpath whilst waving a flag and shouting to disrupt a shoot. Although he didn't leave the footpath, in a subsequent court case he was deemed to be trespassing.
What are the rules about dogs?
You are allowed to take your dog on a public footpath and there is no legal requirement to keep the dog on a lead. However, if the dog is allowed to run off the legal line of the path this is considered in law to be trespass. If your dog is allowed to run amongst or chase livestock this a criminal offence, even if there is no physical contact, and could result in an unlimited fine.
Do stiles have to be dog friendly?
Although dog gates are sometimes provided alongside stiles, there is no legal requirement for stiles to be suitable for use by dogs.
How do I know whether a path is a public right of way?
Ordnance Survey maps are usually accurate but you should refer to the map legend and make sure the path is actually marked as a public footpath, bridleway or byway. Farm tracks and forestry tracks are often shown on maps but they are not rights of way unless they are specifically marked as such.
To be certain about the status of a path you can refer to the definitive map which in West Northants can be viewed here and in North Northants can be viewed here.
The path I regularly use isn't marked on the map, can it be made into a footpath?
If a path has been used continuously by the public for at least 20 years without interruption there is a mechanism for making it a public right of way. If you know of a path that you think fits this criteria then please contact the Ramblers for advice.
Can a landowner put up new gates and stiles where none exist presently?
A landowner cannot install gates or stiles on a public footpath without permission from the highway authority. Nowadays local authorities will not usually allow new stiles and will insist on gates. Maintaining stiles and gates is primarily the land owner’s responsibility but the highway authority may contribute to the cost and can issue enforcement notices to a landowner if repairs need to be carried out.
How wide should a path be?
Some paths, particularly in built up areas, have a legally defined width which is specific to that path. For most paths, the legal minimum width is 1 metre for a footpath crossing a field, 1.5 metres for a field edge footpath, 1.5 metres for a bridleway crossing a field and 3 metres for a field edge bridleway. The path has to be passable right across its statutory width, it is not measured from the centre of a hedge or ditch.
Is it illegal to plough up or disturb the surface of a path so as to make it inconvenient to use?
A farmer must not plough or disturb a field edge path. They may cultivate a footpath or bridleway that runs across a field but the path must be restored within 24 hours of the disturbance, or within two weeks if this is the first such disturbance for a particular crop. The restored path must be reasonably convenient to use, must have the minimum legal width and its line must be clearly apparent on the ground.
Can a farmer grow crops over a path?
The landowner has a duty to prevent a crop (other than grass) from making the path difficult to find or follow. You have every right to walk through crops growing on or over a path, but stick as closely as you can to its correct line. You can report the problem to the local authority (see reporting problems below) who can make the farmer clear the path, although in practice crops are often harvested before enforcement action can be taken.
Can I remove an obstruction on a path to get by?
Yes, provided that you are a bona fide traveller on the path and have not gone out for the specific purpose of moving the obstruction, and that you remove only as much as is necessary to get through. If you can easily go round the obstruction, without causing any damage, then you should do so.
Can I deviate from the path to avoid an obstruction?
If there is an obstruction by the landholder then you have a right to deviate on to land belonging to the same landholder. For example, if a field has been cultivated and the path has not been restored within the prescribed period, or the path is blocked by an impassable crop, then you may go round the edge of the field. Ramblers' view is that you should only deviate from legal line if there is a severe obstacle.
Can a farmer keep a bull in a field crossed by a public path?
Only a bull of up to 10 months in age can be kept on its own in a field crossed by a public right of way. Bulls over 10 months of a recognised dairy breed are banned from fields crossed by public paths under all circumstances. All other bulls over 10 months are banned unless accompanied by cows or heifers.
Are horses and cyclists allowed on public paths?
Horse riders and cyclists have a right to use bridleways and byways. They have no right to use footpaths, and if they do they are committing a trespass against the owner of the land, unless the use is by permission. If use of a footpath by riders becomes a nuisance the local authority can ban them with a traffic regulation order or by-law. This makes such use a criminal offence rather than an act of trespass.
What is trespass?
A person who strays from a right of way, or uses it other than for ‘passing and repassing’ commits trespass against the landowner. In most cases, trespass is a civil rather than a criminal matter, although there are exceptions e.g. railways and military sites. A landowner may use ‘reasonable force’ to compel a trespasser to leave, but not more than is reasonably necessary. Unless damage to the property can be proven, a landowner could probably only recover nominal damages by suing for trespass, but you might have to meet the landowner’s legal costs.
A notice saying ‘Trespassers will be prosecuted’ is usually meaningless, criminal prosecution could only arise if you trespass and damage property.
How do I report a problem on a right of way?
West Northamptonshire and North Northamptonshire councils use a website called Fix my Street which can be used for reporting footpath obstructions and damaged or missing stiles etc. To ensure that the reporting system works properly, when you select the category of the problem make sure that you choose "Rights of Way" rather than "Footway/Footpath". If you get the error message "This area is not under the responsibility of Northamptonshire Highways and therefore we are unable to accept reports in this area / street." then check that you have clicked "Rights of Way" not "Footpath". Click here to go to the Fix my Street website and report a problem.
If you need any further advice or help, you can contact the Northamptonshire team of Ramblers Footpath Secretaries using the Contact Us page on this website.