Rights of Way
As the government promotes increased public access to the countryside, farmers and landowners must be aware of their responsibilities for maintaining rights of way, the process of introducing them, and how to avoid creating new ones.
The public has a legal right to pass through otherwise private land along a designated route, commonly known as a Right of Way. All are highways in law, but the mode of transportation varies according to the designation. The four most common are:
- Footpaths. Only open to walkers
- Bridleways. Open to walkers, horse riders, and cyclists (including mountain bikes)
- Restricted Byways. Open to walkers, horse riders, and drivers/riders of non-mechanically propelled vehicles (like horse-drawn carriages and pedal cycles)
- Byways Open to All Traffic (BOATS). Open to all classes of traffic, including motor vehicles, though they may not be maintained to the same standard as ordinary roads
The local Highway Authorities keep a record of all public rights of way and their classification. Meanwhile, local authorities must ensure that such rights of way are maintained and remain usable. The Ordnance Survey uses this information when compiling their OS maps, and local authorities compile Definitive Maps where each Right of Way is recorded in detail, including access points, the width of the right of way, restrictions, and limitations.
Although thought to be definitive, much of the data relating to rights of way is historical and may be unrecorded, in the wrong place, or classified incorrectly. Similarly, new routes may have been established; therefore, it is always advisable to thoroughly research a Right of Way if it crosses land that you own or manage.
One of the questions we are commonly asked is how to avoid creating a Right of way. If the public has used a route over land without interruption for twenty years, it is considered a dedicated highway. A person claiming a right of way must be able to prove their claim, and similarly, a landowner must prove that it is not their intention to create a right of way.
Practically, this may involve erecting notices and fences and securing gates. However, the best option is to undertake the legal process outlined in Section 31(6) of the Highways Act 1980. This involves preparing a map, statement, and declaration for the local authority, and is an area where Symonds & Sampson’s experts can assist. We can guide you through the process, assist with maps, and ensure that the statement and declaration contain the necessary details and are submitted within the timeframe, thereby giving you the peace of mind that no new Rights of Way can be established on your land without your consent.
Our experts can also assist with:
- Applications for re-direction or extinguishment of rights of ways across your land
- Permissive paths
- Easements and covenants affecting your property
Meet the Rights of Way Team
Chris Powell
Partner
Devizes
BSc(Hons) MRICS FAAV
Department: Devizes Rural and Agricultural, Rural and Agricultural, Professional,
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, Biodiversity Net Gain, BPS, Contract Farming, Development Land, Diversification, Estate Management, Expert Witness, Farm Business Tenancies, Farms and Land, Grass Keep, Option Agreements, Options, Preparation of Plans for Land Registry, Promotions, Rural Grants and Subsidies, Tax Planning
01380 710535
07375 370163
cpowell@symondsandsampson.co.uk
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Jack Edwards
Partner
Salisbury
MRICS FAAV
Department: Rural and Agricultural, Professional, Salisbury Rural and Agricultural
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, BPS, Compensation, Contract Farming, Diversification, Easements, Estate Management, Farm Business Tenancies, Farms and Land, Grass Keep, Option Agreements, Planner, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Valuations, Valuations for Banks, Wayleaves
01722 334323
07747 888385
jedwards@symondsandsampson.co.uk
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Lester Williams
Partner, Auctioneer
Frome Market, Sherborne
MRICS FAAV
Department: Frome Market Rural and Agricultural, Sherborne Rural and Agricultural, Rural and Agricultural, Professional
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, Biodiversity Net Gain, Boundary Disputes, BPS, Compensation, Compulsory Purchase, Contract Farming, Diversification, Easements, Energy, Estate Management, Farm Business Tenancies, Farms and Land, Grass Keep, Preparation of Plans for Land Registry, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Telecoms, Valuations, Valuations for Banks, Wayleaves
01935 818513
07778 646031
lwilliams@symondsandsampson.co.uk
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Lucy Carnell
Rural Partner
Yeovil
BSc (Hons) MRICS
Department: Yeovil Rural and Agricultural, Rural and Agricultural, Professional
Service: BPS, Compensation, Compulsory Purchase, Easements, Farms and Land, Grass Keep, Preparations of Plans for Land Registry, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Valuations, Wayleaves
01935 382901
07940256550
lcarnell@symondsandsampson.co.uk
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George Whittaker
Rural Partner
Dorchester, Poundbury Burraton House
AssocRICS FAAV MBIAC CEnv
Department: Rural and Agricultural, Dorchester Rural and Agricultural, Burraton Rural and Agricultural, Professional
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, Biodiversity Net Gain, BPS, Contract Farming, Diversification, Estate Management, Farm Business Tenancies, Farms and Land, Grass Keep, Planner, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Telecoms, Valuations
01305 236578
gwhittaker@symondsandsampson.co.uk
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Morgan Fry
Rural Surveyor
Wimborne
BSc (Hons) MRICS
Department: Rural and Agricultural, Wimborne Rural and Agricultural, Professional,
Service: Agricultural Tenancies, Agricultural Appraisals, Agriculture, Biodiversity Net Gain, Boundary Disputes, Compensation, Compulsory Purchase, Contract Farming, Development Land, Diversification, Easements, Farm Business Tenancies, Farms and Land, Grass Keep, Option Agreements, Options, Planner, Preparation of Plans for Land Registry, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Telecoms, Valuations, Wayleaves,
01202 882103
07751 609537
mfry@symondsandsampson.co.uk
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Sam Haskell
Rural Surveyor
Sturminster Newton
BSc (Hons) MRICS FAAV
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, Farm Business Tenancies, Grass Keep, Preparation of Plans for Land Registry, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Valuations, Valuations for Banks
01258 472244
shaskell@symondsandsampson.co.uk
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Sarah Vere
Head of Tiverton Professional
Tiverton
BSc (Hons) MRICS FAAV
Department: Rural and Agricultural, Tiverton Rural and Agricultural, Professional, Tiverton Agricultural Auctions, Agricultural Auctions
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, BPS, Compensation, Compulsory Purchase, Contract Farming, Diversification, Farm Business Tenancies, Farms and Land, Grass Keep, Preparation of Plans for Land Registry, Rural Grants and Subsidies,
01884 218911
svere@symondsandsampson.co.uk
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Beth Webber
Rural Chartered Surveyor
Devizes
MRICS FAAV
Department: Rural and Agricultural, Devizes Rural and Agricultural, Professional
Speciality:
01380 710535
bwebber@symondsandsampson.co.uk
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