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Footpaths
- The Legal Framework
The
term 'Public right of way' (PROW) or 'public path' is used to describe all paths
which walkers have a right to use: footpaths (for walkers only);
bridleways (for walkers, cyclists and horse riders); and byways open to
all traffic (open to walkers, horse riders and motor vehicles).
They are all highways in law, and subject to the same legal protection
as ordinary roads.
The
key to protecting public paths is to ensure they are recorded on
definitive maps, prepared by local authorities. These maps provide
legal proof of where you can walk. Ordnance Survey (OS) uses this
information to show PROW on its maps.
Local
highway authorities have a duty to see that all public paths are
properly maintained and kept free from obstructions. they must
also make sure that they are signposted where they meet surfaced roads,
and waymarked where necessary along their route so that walkers do not
get lost.
General
maintenance, such as keeping stiles and gates in good order and ensuring
that crops do not block paths, is the landowners' responsibility.
Paths around the edge of a field should never be ploughed. Paths
across a field may be ploughed but must be made good by the farmer
within two weeks.
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