Public Rights of Way
Open to...
Public Footpath Pedestrians
Bridleway Pedestrians, Cyclists, Horse-riders
Restricted Byway Above plus non-mechanically-propelled vehicles
(e.g. horse-drawn)
Byway Open to all Traffic All, including motor vehicles
Waymark Colour Shown on OS Map
Yellow Explorer, Landranger
Blue Explorer, Landranger
Purple Explorer, Landranger
Red Explorer, Landranger
Other Categories of Interest
Open Access Land Pedestrians
Other Routes with Public
Access Unclear/Variable (see main text)
Permissive /Permitted /
Concessionary Routes Permissive FPs open to pedestrians; permissive
bridleways open to horses, bikes
Canal Towpaths (& rivers
regulated by the Canal &
River Trust) Pedestrians, Cyclists
(Cyclists may not be permitted on non-CRT canals, e.g. the Bridgewater Canal)
unwillingness to allow the public to use
a route; for example, if there is a locked
gate across a path, even if the public
are regularly climbing over it to use the
route. (On the other hand, if a route is
already established as a right of way,
landowners cannot legally block access
in this way, nor does a path that has
fallen into disuse cease to be a right of
way.)
If a route has been used for 20
years without any evidence that the
landowner has taken any steps of
this kind, then the ‘inference (or
presumption) of dedication’ can arise.
So far, so promising. However, it still
takes effort and persistence to work
through the legal process. Landowners
who have ignored the passage of feet,
hooves or wheels for decades are quite
prone to sit up and take notice when an
application to establish is made, and
applicants can find themselves facing
tough and confrontational tactics from
slick lawyers.
Permissive/concessionary
footpaths or bridleways can’t
automatically become a RoW even if
they’ve been used by the public for 20
years: all a landowner needs to do is
to place a notice stating that ‘there is
no intention to dedicate (the route)
as a right of way’. Some landowners
may close a permissive path for one
day a year as a further precautionary
measure.
Reference
Explorer
Explorer, Landranger
White
Too narrow to be a bridleway? Absolutely not. You
cannot identify RoWs by what’s visible on the ground.
(Near Barngates, west of Windermere.)
A good source of plain-English information on most aspects of RoW law is the Ramblers’ website:
www.ramblers.org.uk/advice/rights-of-way-law-in-england-and-wales.aspx
For more on the Scottish Access Code see: www.outdooraccess-scotland.com.
8 Outdoor focus | autumn 2018
Explorer