FOOTPATH INFORMATION The Ramblers' Association is a national organisation which exists to facilitate the enjoyment and discovery on foot of Britain's countryside.
Most of this information comes from the RA website
The Somerset Ramblers' Association area contains nine groups, of which seven are area based
ALL ABOUT FOOTPATHS and a little on FOOTPATH LAW
A RIGHT of WAY is a path that anyone has the legal right to use on foot, and sometimes using other modes of transport.
There are three main types of right of way:
  • Public footpaths are open only to walkers
  • Public bridleways are open to walkers, horse-riders and pedal cyclists
  • Byways Open to All Traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads
  • Restricted Byways not for use by mechanically propelled vehicless
Your legal right is to "pass and repass along the way". You may stop to rest or admire the view, or to consume refreshments, providing you stay on the path and do not cause an obstruction.
You can also take with you a "natural accompaniment" which includes a pram, pushchair or wheelchair (though you may find the surface of the path is not always suitable), or a dog. However, you should ensure that dogs are under close control. Note that there is no requirement for stiles to be suitable for use by dogs.

A person who strays from a right of way, or uses it other than for passing and repassing commits trespass against the landowner.
UURs:“Ordnance Survey also helpfully includes Unclassified Unsurfaced Road on its maps. These are highways legally like any other road, but which are not surfaced. They are the responsibility of the relevant highways section of the local authority, but generally not maintained. They, however, frequently provide connections to other Rights of Way. On the 1:25000 Explorer maps they are marked with green dots.”
In most cases, trespass is a civil rather than a criminal matter. A landowner may use "reasonable force" to compel a trespasser to leave, but not more than is reasonably necessary. Unless injury to the property can be proven, a landowner could probably only recover nominal damages by suing for trespass. But of course you might have to meet the landowner's legal costs. Thus a notice saying "Trespassers will be Prosecuted", aimed for instance at keeping you off a private drive, is usually meaningless. Criminal prosecution could only arise if you trespass and damage property. However, under public order law, trespassing with an intention to reside may be a criminal offence under some circumstances. It is also a criminal offence to trespass on railway land and sometimes on military training land.
Public rights of way information is shown by the Ordnance Survey on its Explorer and Pathfinder maps. This information is generally accurate and regularly updated but the safest evidence of a public right of way is the official 'definitive map'. These maps are available for public inspection at the offices of local highway authorities. Some are also available in libraries and some are sold by the councils concerned.
Some rights of way are not yet shown on definitive maps. These can quite properly be used, and application may be made to highway authorities for them to be added to the map. The inner London boroughs are not required to produce definitive maps, though this does not mean there are no rights of way in inner London. “Under current legislation, if such a route has not been claimed as a RoW by 2026 there will no longer be any legal right to use it.”
There are many paths that the public is able to use that are not legally rights of way and do not enjoy the same protection.
One of the main types of these are permissive paths and some of them, particularly in areas well visited by the public, are maked by orange dashes on ordnance survey maps.
 Another type are paths crossing public parks and open spaces, commons and other sites to which the public has formal or de facto access. (Some of these are rights of Way)
Yet another type are towpaths, paths across land owned by organisations such as the Forestry Commission and National Trust who have a policy of providing access, and off-road multi-user routes such as those created as part of the Sustrans National Cycle Network. (Again some may be rights of way)
The permissive routes, are open to the public because the owner has given permission for them to be used: often there is a notice on the path making clear the owner has no intention of dedicating the path as a right of way, and reserving the right to withdraw the permission. These paths are sometimes closed for one day a year, with a view to preventing claims that they are rights of way.

The Countryside and Rights of Way Act 2000 has created areas of open access called access land to which the public has general rights of access for recreation, generally on foot, subject to them creating no damage. There are certain provisions for a landowner to apply to the local authority for access to be restricted at certain times. These access lands are marked on OS 1:25000 maps by the boundary in light brown line and tinted area for open areas and a pale green tinting for wooded areas.” . More about Freedom to Roam.
In legal theory most paths become rights of way because the owner "dedicates" them to public use. In fact very few paths have been formally dedicated, but the law assumes that if the public uses a path without interference for some period of time - set by statute at 20 years - then the owner had intended to dedicate it as a right of way.
A public path that has been unused for 20 years does not cease to be public (except in Scotland). The legal maxim is "once a highway, always a highway".

Paths can also be created by agreement between local authorities and owners or by compulsory order, subject, in the case of objection, to confirmation by the Secretary of State for the Environment, Food and Rural Affairs, or the National Assembly for Wales.
The surface of the path is for most purposes considered to belong to the highway authority. What this means is that the authority owns the surface of the way and so much of the soil below and the air above as is necessary for the control, protection and maintenance of the highway. The rest normally belongs to the owner of the surrounding land.
Horse riders have a right to use bridleways and byways. They have no right to use footpaths and if they do so 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. This makes such use a criminal offence rather than an act of trespass.

Pedal cyclists have a right to use bridleways and byways, but on bridleways they must give way to walkers and riders. Like horse riders, they have no right to use footpaths and if they do so they are committing a trespass against the owner of the land, unless use is by permission. As with horse-riding, use of any right of way by cyclists can be controlled by traffic regulation orders and byelaws imposed by local authorities. Infringement of byelaws or orders is a criminal offence. Under the Highways Act 1835, it is an offence to ride a bicycle on the pavement at the side of a road, and under the Fixed Penalty Offences Order 1999 a person who rides on a pavement can be fined on the spot by a police officer.
Anyone who drives a motor vehicle on a footpath or bridleway without permission is committing an offence. This does not apply if the driver stays within 15 yards of the road, only goes on the path to park and does not obstruct the right of passage. The owner of the land, however, can still order vehicles off even within 15 yards from the road. Races or speed trials on paths are forbidden. Permission for other types of trials on paths may be sought from the local authority, if the landowner consents.
The council that has principle responsibility for rights of way in a particular area, known as the Highway Authority, is either
  • the County Council
  • the Unitary Authority, or
  • the London or Metropolitan Borough Council
These councils are also surveying authorities, which have the duty to prepare and maintain the definitive map (except in inner London).
The Highway Authorities may sometimes assign some of their responsibilities to other authorities. District councils may, by agreement, take over path maintenance and other duties from county councils. Parish and community councils also have the power to maintain paths (see the RA leaflet Paths for People under Footpath Law and Access). In National Parks, the National Park Authority sometimes takes over some or all of the responsibilities for rights of way.
As well as preparing and maintaining the definitive maps, highway authorities have a general duty "to assert and protect the rights of the public to the use and enjoyment" of paths in their area. They are legally responsible for maintaining the surface of the path, including bridges, and keeping it free of overgrowth. They have the power to require owners to cut back overhanging growth from the side of a path.
A path should be whatever width was dedicated for public use. This width may have arisen through usage, or by formal agreement, or by order, for example if the path has been diverted. The width may be recorded in the statement accompanying the definitive map but in many cases the proper width will be a matter of past practice on that particular path. Note the width of the right of way itself may be greater, or sometimes less, than the width of any track or hard-surfaced strip along the route.
Paths are numbered and are shown on the definitive maps. (Occasionaslly you will also see these numbers used on signs and waymarks).

Different local authorities use different systems of numbering, and paths are often numbered on a parish or community basis, so path numbers are not very useful as an aid to navigation, only as a means of referring to an individual path for legal purposes.
Highway authorities have a duty to put up signposts at all junctions of footpaths, bridleways and byways with metalled roads. The signs must show whether a path is a footpath, bridleway or byway and may also show other information such as destination and distance.

Highway authorities also have a duty to waymark paths along the route so far as they consider it appropriate
Waymarking is a means of indicating the line or direction of a path away from metalled roads at points where it may be difficult to follow. In Britain it is normally done with arrow markings on gates, stiles and posts. The Countryside Agency recommends a standard system of colour-coded arrows - yellow for footpaths, blue for bridleways and red for byways.

Waymarking is also used to indicate specially promoted routes like long distance paths, circular walks, nature trails and so on. Where these routes follow public rights of way, the route name or logo is often used in addition to or in combination with the standard waymark.
Maintaining gates and stiles on paths is primarily the owner's responsibility, but the highway authority (or the district council if it is maintaining the path) must, in certain cases, contribute 25% of the cost if asked and may contribute more if it wishes. If stiles and gates are not kept in proper repair the authority can, after 14 days' notice, do the job itself and send the bill to the owner.
The landowner cannot put up new gates and stiles where none exist presently without seeking and getting permission from the highway authority and then complying with any conditions to that permission.
It is illegal to plough up or disturb the surface of a path so as to make it inconvenient to use unless the path is a footpath or bridleway running across a field as opposed to running alongside the field boundary. In this case the landowner can plough or otherwise disturb the path surface provided it is not reasonably convenient to avoid doing so. 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, have a minimum width of 1m for a footpath or 2m for a bridleway, or the legal width if known, and its line must be clearly apparent on the ground.
If a path surface has been disturbed but not restored a highway authority may serve notice on the occupier and, if necessary, then restore the path itself and send the bill to the occupier. The authority may also prosecute the person responsible for the disturbance.

The landowner has a duty to prevent a crop (other than grass) from making the path difficult to find or follow. The minimum widths for a field-edge path are increased to 1.5m for a footpath, 3m for a bridleway. You have every right to walk through crops growing on or over a path, but stick as close as you can to its correct line. Report the problem to the highway authority: it has power to prosecute the landowner or cut the crop and send the owner the bill.
A path obstruction is anything which interferes with your right to use it, for example a barbed wire fence across the path or a heap of manure dumped on it. Dense undergrowth is not normally treated as an obstruction but is dealt with under path maintenance

Highways authorities have a duty "to prevent as far as possible the stopping up or obstruction" of paths.
You can remove an obstruction to get by 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. But report. the obstruction to the highway authority and/or the RA.
A farmer can keep a bull in a field crossed by a public path of up to ten months old. Bulls over ten months of a recognised dairy breed (Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) are banned from fields crossed by public paths under all circumstances. All other bulls over ten months are banned unless accompanied by cows or heifers. If any bulls act in a way which endangers the public, an offence may be committed under health and safety legislation.
A landowner cannot close or divert a path. This can only be carried out by local authorities or central government.
A highway authority can make an order to close a path if it considers the path is no longer needed for public use. A notice  must be published in a local paper and also placed at both ends of the path. At least 28 days must be allowed for objections. These must be heard at a public inquiry taken by an inspector from the Planning Inspectorate, or by private hearing, or they may be considered in writing if the objectors agree.

The procedure for diversions is the same as for closure orders. These may not take place if the new route will be substantially less convenient to the public than the existing one, and account must also be taken of the effect the diversion will have on public enjoyment of the path as a whole.
If you have any doubts about the legality of a change to a path, contact the highway authority.

Paths may also be closed or diverted "in order to enable development to be carried out in accordance with planning permission". There are also provisions for highway authorities to apply to magistrates courts for closure or diversion of paths, and for orders to be made in other circumstances such as the construction of new roads, railways and reservoirs, both on a permanent and temporary basis. Notice of temporary orders must be given on site; however there is no specified procedure for objections.
A misleading notice is a notice calculated to deter you from using a public right of way, for example, a notice saying PRIVATE at the point where a path enters a park. Such notices should be reported immediately to the highway authority. They are illegal on paths shown on the definitive map.
See opposite to
Help the Ramblers' Association deal with path problems in the following ways
  • Send full details to the highway authority and to the Ramblers: more about reporting problems.
  • Ask the farmer or landowner concerned to clear the obstruction.
  • Take part in Ramblers footpath clearance working parties.
  • If the problems persist, write to your local councillors about them.
  • Send letters to local newspapers seeking support for any representations you may be making.
  • If the authority fails to take action, consider complaining to the local government ombudsman for England or Wales.