Path Facts and the Law

There are 225,000km/140,000 miles of public rights of way – off-road footpaths, bridleways and byways that the public has a right to use – in England and Wales (Countryside Agency).

Which paths can I use?

There are six main categories of public path which you may come across during The Use Your Paths Challenge, these are:

  • Footpaths: they are open only to walkers and have yellow waymarks
  • Bridleways: they are open to walkers, horse-riders and pedal cyclists and have blue waymarks
  • Byways Open to All Traffic: they are open to all classes of traffic and have red waymarks
  • Restricted Byways: they are open to those on foot, on horseback, on a pedal cycle and for those using non-mechanically propelled vehicles (i.e. a horse and cart).
  • Roads Used as Public Paths (RUPPs): this is an old term, and there is still confusion in law as to excatly what rights exists over such paths, as such they are being reclassified. There is at least the same rights on a RUPP as on a Bridleway, but there may be uncertainty about whether a particular RUPP can be used by vehicles.
  • Other Routes with Public Access (ORPAs): there are no special rights attached to the depiction by OS of a route as an ORPA. However the route’s inclusion in the highway authority’s list of maintainable highways means that the authority regards it as a highway. In many cases such routes are likely to be a carriageway (road), and thus open to all users.

Who is responsible for Public Rights of Way?

The local authority (also known as the Highway Authority) have a duty 'to assert and protect the public's right to the use and enjoyment of any highway for which they are the highway authority'. In plain English this means that they must ensure paths are open and easy to use by the public, it is also their duty to deal with any problems, such as obstructions. Councils must also signpost paths where they leave a surfaced road, and keep the definitive map (legal record of paths) up to date.

What is considered an obstruction?

An obstruction is considered to be anything that interferes with your legitimate right to use the path, for example a barbed wire fence across a path or a heap of manure dumped on it.

Who should I tell if a path is obstructed?

Report it to the County Council (or equivalent) for the area, they are responsible for keeping paths open and usable (see ‘Who is responsible for Public Rights of Way?’ above). You may also like to let us here at the Ramblers' Association know, please click here for further details.


For more information on path law, see the Ramblers' Association fact sheet Basics of Footpath Law.