Rights of way

Types of Rights of Way

• Footpaths - right of way is on foot only;
• Bridleways - for pedestrians, horse riders and cyclists (who must give way to people on foot or horseback); 
• Byways open to all traffic (BOATs) - right of way is on foot, on horseback and for vehicles, but they are mainly as footpaths and bridleways; and 
• Restricted byways - can have rights for all traffic except motorised vehicles.

Responsibility for Rights of Way

The main responsibility for rights of way falls on local authorities. Some local authorities have given their powers over rights of way to National Park authorities and community councils. Local authorities have to protect and maintain rights of way including maintaining the surface and preventing obstructions.

Nearly all public rights of way are maintained at public expense. Maintenance includes keeping the surface in good repair and dealing with plants growing from it. Overhanging plants – such as from a hedge – are the responsibility of the landowner or occupier. Keeping paths clear of crops, that grow by or from the surface of a path, and drainage problems caused by farming activities are farmers’ responsibility.

Gating Orders

Local authorities also have to consider those with mobility issues when making agreements with land owners on putting up stiles or other furniture on rights of way.

We have created legislation on the gating of certain highways. Section 2 of the Clean Neighbourhoods and Environment Act 2005 enables us to make regulations to allow local authorities to place gates to blocks ways which facilitate crime and anti-social behaviour.

Visit: The Highways Act 1980 (Gating Orders) (Wales) Regulations 2007 No. 306 (W. 25) (external link)

Guidance on the Highways Act 1980 on people with mobility problems and authorising stiles and gates

This guidance was given to Local Authorities in 2007. It explains the duty on Local Authorities to consider the needs of people with mobility problems when dealing with rights of way.

The guidance is available at the bottom of this page.

Orders to create, divert or extinguish paths

Local authorities can make Orders to create, move or  close public paths. An order can be only made for one of the reasons mentioned in the law.

Local authorities must:

• publish notices of all orders in a local paper; 
• display them by the path; and
• display the notices at principal council offices in the area.

People can write in to disagree or object to the order. If someone does object to the order and does not withdraw their objection then the Planning Inspectorate Wales will decide on whether the order should be confirmed. The Planning Inspectorate Wales may hold a public local inquiry or hearing.

Visit: Planning Inspectorate Wales (external link)