The Thames Path team frequently get asked lots of questions about right of ways, so we thought we’d do our best to enlighten you on the top three most frequently asked questions:
Q. What is a right of way?
A right of way is a path that anyone has the legal right to use at least on foot, and often by other means, whether on horseback, cycle, horse-drawn carriage, or motor vehicle. They can be split into categories that define which users are allowed:
- Public footpaths are waymarked with yellow arrows. They can be used for walking, running, mobility scooters or powered wheelchairs.
- Public bridleways are waymarked with blue arrows. They can be used for walking, running, horse-riding, cycling, mobility scooters or powered wheelchairs.
- Restricted byways are waymarked with purple arrows. They are open to walkers, horse-riders, mobility scooters or powered wheelchairs and drivers and riders of non-mechanically propelled vehicles (such as horse-drawn carriages and pedal cycles)
- Byways open to all traffic (BOATs) are waymarked with red arrows. They are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads.
Q. What are my rights as a users of the trail?
- You have the right to pass and repass along a right of way.
- You also have the right to do anything reasonably ancillary to passage, according to the nature of the route — for example, on a broad downland track, it would be reasonable to stop and take a photograph
sketchor eat a sandwich. - You may take with you anything which is a ‘reasonable accompaniment’ — such as a pram or a dog — but a right of way need not be sufficiently wide or convenient to accommodate anything you take with you.
- You may use the right of way, even if it is obstructed, obliterated by cultivation or otherwise made inconvenient — but you should try to make sure that you really are correctly following the right of way.
Q. Does the landowner have responsibilities too?
- Yes, the landowner must keep the right of way free of obstructions (such as fences and locked gates).
- The landowner must also provide access through or across any fence — typically by providing a gate (but landowners must not erect new fences across rights of way without the permission of the local authority, even if a stile or gate is fitted).
- The landowner must not cultivate a right of way (such as by ploughing it), except that a cross-field footpath or bridleway may sometimes be cultivated if it is reinstated, convenient for use, within a fortnight on the first occasion each year, and within 24 hours on any subsequent occasion.
The information above was been taken from the Open Paces Society website, Rights of Way | Frequently Asked Questions - The OSS and the Government Rights of Way webpage https://www.gov.uk/right-of-way-open-access-land/use-public-rights-of-way