There are two types of rights of way in England and Wales: public and private. The law in England and Wales differs from Scottish law in that rights of way only exist where they are so designated, whereas in Scotland any route that meets certain conditions is defined as a right of way and in addition there is a general presumption of access to the countryside.

Legally, a public right of way is part of the Queen’s highway and subject to the same protection in law as all other highways. It is a path that can legally be used by anyone on foot and, in some cases, other modes of transport including horse, bike or car.

There are various types of public rights of way which can be accessed and used freely, including:

• Footpaths – for walking, running, mobility scooters or powered wheelchairs.
• Bridleways – for walking, running, riding, bicycles, mobility scooters or powered wheelchairs.
• Restricted byways – for any method of transport without a motor and mobility scooters or powered wheelchairs.
• Byways open to all traffic – for any kind of transport, including cars though they’re mainly used by walkers, cyclists and riders.

In addition, you can use your right to roam to explore open access land including mountains, moors, heaths, downs, common land and some land around the England Coast Path under the Countryside and Rights of Way Act 2000.

A private right of way easement – which allows a person to pass through another’s land – dates back to common law principles on the right to the free flow of water and for allowing neighbouring landowners the ability to travel over another’s property.

You are able to access private land if it was used as a public right of way in the past; it was accessed by the public for at least 20 years and nobody asked them to stop; or the landowner has given permission, known as ‘permissive access’.

It is important to remember that you will more likely than not be passing through private farmland and estates so there are some factors you will need to keep in mind.

• The law states that you may stop to rest or admire the view, providing you stay on the path and do not cause an obstruction.
• While you can legally take a manual or powered wheelchair or pram onto public rights of way, there is no guarantee that the surface of the path will be suitable.
• It is legal to have a dog in tow, but you have to ensure it is under close control and there is no obligation for stiles to be suitable for use by dogs. When taking your dog into the outdoors, you must ensure it does not disturb wildlife, farm animals horses or other people by keeping it on a lead and in sight at all times and ensuring it does not stray off the path or area where you have a right of access.

The Countryside Code stipulates that when enjoying our great outdoors, you should respect other people, protect the natural environment and enjoy the outdoors by planning ahead, being prepared and following advice and local signs.

Further information

Contact Savills Rural

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