Rights of Way
Lancashire has a network of 3,716 miles of public rights of way, including 240 miles of Bridleways. The Lancashire Countryside Service and the local highway authority has a statutory responsibility for these Public Rights of Way. The Countryside Service and highway authority has responsibilities that include:
Signposting and waymarking of footpaths, bridleways and byways.
The updating and continuous review of public rights of way on the definitive map which is the official legal record of public rights of way.
Maintaining the surface of a right of way to a standard appropriate for the purpose for which the highway is used. Walkers should, however, be prepared to use boots in poor weather.
Maintaining bridges over natural river courses.
Making grants to landowners of 25% of the cost of maintaining approved stiles and bridlegates.
Administering the law concerning rights of way and in particular ensuring that the public can use them.
The Countryside Service and highway authority holds copies of the Definitive Maps and accompanying statements. So if you wish to check the rights of way network,
Ordnance Survey Maps that show public rights of way derive their information from the definitive Map. The most useful Ordnance Survey map for countryside recreation purposes is the 1:25,000 series that show public rights of way in green.
The 1:50,000 Ordnance Survey Landranger map show public rights of way in red. However, Ordnance Survey maps cannot show details of any legal changes to the rights of way network that have taken place since the map was published. If you wish to check whether there have been any legal alterations to the rights of way network you should consult the Lancashire Countryside Service.
On Public's Rights of Way you can: Take a pram, pushchair or wheel chair, but expect to encounter stiles on footpaths.
Take a dog under close control, preferable on a lead.
Make a small deviation to avoid an illegal obstruction, but only do so if you are certain that your route is safe and available. If in doubt find an alternative public right of way and report the obstruction.
Remove an illegal obstruction sufficiently to get past
For information There is an ancient common law right to pass and repass along a highway at all times. Footpaths and bridleways are highways. They only differ from other classes of highway, such as roads, by the type of traffic entitled to use them.
Lack of use has no effect on the legal existence of a public right of way.
The Definitive Map held by the County Council sometimes specifies the width of a path, but where this is not so, the assumption is that a footpath without boundaries, crossing open ground or fields, should have a width sufficient for two walkers to pass in comfort. A bridleway without boundaries should allow a horse to overtake and pass another horse safely.
You must leave land to which you have no legal right of access if asked to do so by the owner or his representative.
Do not park your car where it can obstruct access to fields. If you are in a party, walk or ride single file and do not trespass by spreading out beyond the confines of the path.
Keep to the public rights of way by following a map.
Respect the farmer or landowner over whose land you are crossing.
Responsibilities of Landowners and Farmers:
Know where public rights of way cross their land and maintain stiles and bridges in good order.
Refrain from obstructing the paths, and cut back overhanging vegetation.
Obtain the consent of the County Council before erecting new stiles or gates.
Provide adequate bridges where new ditches are made or existing ones widened.
Not allow any dairy bull over ten months of age free range of any field through which a footpath or bridleway passes. The following are dairy breeds: Ayrshire, Jersey, Dairy Shorthorn, Kerry, British Friesian, Guernsey and British Holstein. Bulls of other breeds must be accompanied by cows or heifers.
Refrain from ploughing a footpath or bridleway which constitutes a headland of a field, or runs alongside a hedgerow. Plough or disturb the surface of a footpath or bridleway that crosses a field only if it is not convenient to avoid it when sewing or cultivating a crop. A disturbed path should be reinstated and marked out within 14 days of the first disturbance for that crop or within 24 hours of any second or subsequent disturbance.
For information It is illegal to put plain, barbed or electrified wire across a right of way. It is not illegal to run wire along the side of a right of way unless it is dangerous or inconvenient to a person using the way.
Byways and 'Roads used as Public Paths' may not be ploughed under any circumstances.
Landowners and farmers may shoot on their land but not in such a way as to endanger the public's use of a right of way.
Please note that the above is not intended to be a complete and exhaustive account of the law relating to public rights of way. |