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Peter Britton on 01747 855335 email:
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IRRIGATION Design
Installation Service
Irrigation supplies
Legal battles over accessibility can rumble on for many years
passage. They may be established by: express dedication where the landowner has given the public right of use; a presumed dedication where the public have used a right of way for time beyond memory, or a deemed dedication where a right of way has been in use for 20 years or more.
Highways Authorities hold definitive maps on existing rights of way and they are marked on Ordnance Survey maps for England and Wales.
There are three principal categories of right of way: footpath open to walkers only; bridleway open to cyclists, horse riders and walkers; and byways open to all traffic such as cyclists, riders, motor vehicles and walkers.
It is often thought that rights of way do not exist in Scotland, but this is not the case, even though they are not marked on Ordnance Survey maps. There is a National Catalogue of Rights of Way maintained by the Scottish Rights of Way and Access Society (Scotways) which divides their status into ‘vindicated’, by legal process; ‘asserted’, which is accepted as rights of way by a landowner; and ‘claimed’, where they appear to meet common-law conditions but have not been formally vindicated or asserted.
Northern Ireland does not have a developed network of public rights of way and, indeed, does not have a tradition of public access to land. However, under the Access to the Countryside (Northern Ireland) Order 1983, the prime responsibility for securing countryside access rests with the district councils.
In general, the local authority is responsible for ensuring that statutory rights of way are
open and usable. They are also responsible for maintaining the path surface. However, the responsibility for common-law rights of way is not so prescriptive.
Open access
Over the past few years, local authorities in Britain have been required to survey their path networks with the aim of improving them where necessary and extending them with new pathways. In England and Wales, this has been carried out under ROWIP (Rights of Way Improvement Plans), in Scotland under the Core Path plan strategy. However, the underpinning legislation does not require the authorities to carry out the actual improvements.
At the moment, legislation is also being established to open up and improve public access to the British coast.
When and where path network improvements do occur they may impinge on leisure, recreation and sports facilities and can have repercussions for players. This has been the case on a number of Scottish golf courses. Although the Right to Roam legislation in England and Wales (Countryside & Rights of Way Act 2000) has, in theory, opened up large areas of land that previously had restricted access, it is still not the case that access is open and, indeed, many rights of way can be very difficult or even impossible to walk on.
Such obstructions to passage evoke much emotion in the user and landowner, and legal battles over accessibility can rumble on for many years. The Ramblers Association is particularly active in ensuring that rights of way remain open and are fit for purpose.
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