Where can you walk legally
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Published 2024-07-11
In the video I will go through the various types of Rights of Way and how those govern how you can go along various routes:
A footpath
A bridleway
A byway open to all traffic
A restricted byway.
The types of Rights of Way and maintained and described in a document called The Definitive Map, which give conclusive legal status to the routes.
I’ll also briefly look at area known (in England and Wales) as Open Access Areas where you may, basically, roam wherever you want. Of course this is different in Scotland where there is a presumed right to roam over virtually all upland areas.
In Part two, I will look at how the current legal status and permissions needed to pass over someone else’s land has evolved over the past one thousand years.
The enclosure of common land which was initially permitted under the Statute of Merton in 1235 and continued across the whole country with more and more being enclosed between walls and fences.
It wasn’t until The Rights of Way Act 1932 was created that people once again gained the right to walk over another person’s property. This was followed by various laws each of which gave extra rights of access.
However the main turning points, when looking at access the open countryside and hills, was the creation of two new laws in the early twentieth century:
The Countryside and Rights of Way Act 2000 which covered England and Scotland and The Land Reform Act 2003 which covered and increased access rights in Scotland.
If you have any comments then please post them in the comments box.
Thanks
All Comments (21)
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Much more simple in Norway. In summer you have what we call "Everybodys right" We can cross all "open spaces" without the consent of the landowner. Where the landowner grows crops - hay, corn, vegetable, we cannot walk in summertime. In wintertime we can walk there also. Of course we cannot walk into anyones garden, and are allowed to tent for two days on private ground, in a distance of approx 200 yards from houses.
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Wow! Fascinating! Awesome history lesson, the country side in Great Britain looks beautiful, seeing some of your past videos is outstanding, its got to be a wonderful experience to be able to travel on that side of the pond! Thank you so much for sharing!👍🏽❤️ loving your videos,channel and content! I’ve learned so much! 👍🏽👍🏽👍🏽🇺🇸🇺🇸🇺🇸 from Washington state, USA.
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Okay, lets just clarify the difference between Scotland and the rest of the UK. In Scotland there is what's called 'Presumed Consent', ie nobody has to give you permission, this included walking and camping. With that Right comes the Responsibility that, in simple terms, you cannot damage anyone's property or their livelihood, neither can you invade their privacy. Generally, if it looks like a garden and within sight of the windows of domestic buildings you should skirt around rather than go through. Landowners don't have to provide points of access, gates, stiles etc, so the onus is on the walker not to damage fences, but you can still cross them. Landowners have the right to ask you what you're doing and if they have a reasonable reason they can ask you to leave; this has happened once to me (really jittery cows in the next field) since Right to Roam was enshrined in law. I've also refused to leave once ! Generally farmers just wave at you from their quad bike, most are friendly or at least accepting. This goes for all land pretty much; there may be MOD restrictions, Government 'facilities' and temporary restrictions imposed by police or Councils. In England and Wales if its on the OS map as Public Access it is, however there are some of these that are islands in Private land, so you have to levitate. Then there are the paths also marked on OS, which should not be blocked off but often are (complain to the Council). If it isn't marked as such there is no 'presumed consent' and 'Get oof my Land' still applies. This largely results in the majority of English land being off limits to most English people (and anyone else). Now when the next election comes along just ask yourself is the present Government on the side of the majority of English Citizens or still 'tugging their forelock' to the wealthy - just a thought !
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I had prepared a few weeks ago for a major walk in Surrey and relied in advance on Ordnance Survey maps clearly marking three North bearing paths through a wood as a public right of way. On the actual day I was greeted by three separate signs for each different path signs saying 'Private No Access'. This completely threw all my plans into chaos and found myself scrambling for a much longer route and the consequence of missing public transport connections.
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Amazing video, on some footpaths i have found that the landowners(farmers) try their absolute best to stop people going on the footpath, whether that be covering it with brambles and nettles or purposfully obscuring the signs or just removing them altogether.This has forced me to climb over barbed wire fences and stone walls many times due to the "public footpath" being basically impassible terrain which actually hurts the landowners(farmers) more than it helps them.
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Great video as always. Thanks
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Excellent topic, not sure thankful is the right word. Many have fought for our rights and the right to freedom of movement is as essential as freedom to speech. Yes, we need rules as unfortunately a few spoil it for many. Basically, common sense will always prevail and we do have common law. The whole topic requires not only a review, but a constant monitoring for breeches on all sides of the "fence / wall" as well as the maintenance of said "free" given paths etc for the commoner. This would never be an issue is there were sufficient information for all (to rights (20 years rule etc)) as well as common sense decisions made by both the commoner and lawyers. Personally, I am frustrated at the amount of times as a hiker I am forced to walk along roads where there is a clear area adjacent that would be safer to walk and would cost no more than a few metres of "private" property. Thanks again for discussing this and maybe one day (wishful thinking) someone / group look at this seriously as its not only the right of way its safety too. A story for another day.
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The free range cattle in England decide who may pass, while walking, and those who best go around or run the gauntlet. They have become the true land owners and permission is no doubt left to the counsel Herd. Cheers!
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I thought you said "bridal way" Ha! Great video, very interesting! My country has very strong rights to roam. I find that very important. In the "all mans right" - there's a distinction made between cultivated land and open land/unfenced land. On open land/unfenced land (utmark) even if it is privately owned, you can walk wherever you want, as long as it is done in a considerate way. You can set up a tent wherever you want for 48 hrs. as long as it is 150 meters away from houses. But on open land only, and not cultivated land. There are some duties and rules that are important to be followed with this right, which is good. It gives a LOT of freedom. When it comes to picking berries, etc. it's also allowed, but picking especially cloudberries, there are some local restrictions some places. Fishing in some rivers and lakes are very restricted, there's an intricate system for getting allowance. Many places you can fish for "free," except for a small yearly fee that includes the whole country. Anywhere by or on sea, except for zones near river outlets to the sea, fishing is allowed. 95% of my whole country is open country, so under this statutory right to be able to move freely and hike and camp on open country, even if it is privately owned land is just amazing... Only 5% of the area in my country is restricted!!! https://thenorwayguide.com/utmark/
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Wow, wish we had something like this in Australia.
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John Smith. Legend. A promise he made was how we got the CROW Act. The rest of the promise needs fulfilling..
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Just a small point. Often, in England and Wales, farmer s will put a sign on or near a public right of way stating something like 'All Dogs Must Be Kept On A Lead'. This is not true - on the public right of way. Rather, the obligation is for the owner of the dog to keep it 'under close control'. Close control is not defined, but walking at or near heel and quickly responsive to being called to heel would seem appropriate and not allowing the dog to range more than a few yards away. Over the years I have encountered a few farmers and several gamekeepers who have tried to persuade me otherwise, unsuccessfully, albeit I have replied respectfully and clearly. So, don't be intimidated and know your rights, but equally, if your dog could potentially worry stock, or there are ground nesting bird potentially around, then the sensible person would keep it on a lead anyway.
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Im not so sure that some rights of way footpaths are permanent. A lit of paths were never registered under the Commons Registration update in about 1970/72. These are extinguished and can't ever be recovered. A lot of paths that were once of local economic importance and today might have been an interesting historical ramble - are now gone.
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Having walked the SWCP and we are currently walking the Welsh Coast Path so I’d love you to do a vid on the Coastal path. Though I have to be honest the Welsh path has often been way off the actual coast.
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As you say, If a path or field has been to and used by the public for 20 years without challenge , a claim could be submitted to create a public right of way or village green. However (according to MyCambridgeshire (county council) website), since 2006 landowners can prevent this by depositing documents with the council under section 31(6) of the Highways Act and section 15A(1) of the Commons Act 2006. This contradicts a 2007 Lords ruling R (Godmancheter Town Council) v The Environment agency that the public must be notified directly eg with a sign. So I still have no idea.
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It would have been nice to hear something of the Countryside Code for those who now decide to go out for a stroll in the country... Sheep, Wool and money...why we have a largely Elisabethan countryside. We only got the National Parks beacuse the landowners didn't want to allow widespread roaming rights and that was acceptable to them. BUT common land's usage had little to do with going for a wellness walk in the C21. It was for collecing firewood, grazing livestock and growing crops as it had been since before the Normans, something we don't need to survive anymore as we don't still live on the land, and we can't always blame the Normans like many do, as landwondership all went silly with the introduction of Bocland in 736 and the walling off estate lands before the Conquest. I guess the only upside of the enclosure acts was that we could feed the nation more efficiently...and no, I'm not in favour of some widespread access law for England as we're 80% farmland as it is.
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Could you please give your take on the 2025 Law changes Removing any footpath in England not recorded in local definitive maps. Thanks
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The amount of money (including paying rich land owners) and resources that it takes to set up foot paths such as the coast path is astronomic compared to what Scotland have done with the right to roam. Why oh why can’t England and Wales have a similar right to roam. Our access to rivers is even worse. Unless we can create better access for everyone we will never generate the care and understanding of nature we need to protect and improve it. I know there are issue but surely we can come up with something better than we currently have.
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Casting my vote for part 2. I would be interested
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