Public rights of way are highways where members of the public have a legal right of passage on someone else’s land. Only routes shown on the definitive map and statement are proven public rights of way.
If a public right of way is included on a definitive map, it proves in law that the public have a right of passage, even if the route is not visible on the ground.
The statement that accompanies the definitive map is a brief written description of the recorded public right of way.
Your rights and responsibilities
On public rights of way, you have the right to pass and repass. You must keep strictly to the line of the path. You may stop to take in the view and have a short rest.
You can:
- take a pram, pushchair, or wheelchair, if practical
- take a dog (on a lead or under close control)
- take a short, reasonable detour to get round any illegal obstruction
You can use:
- footpaths, for walking, running, mobility scooters, or powered wheelchairs
- bridleways, for walking, horse riding, bicycles, mobility scooters, or powered wheelchairs
- restricted byways, for any transport without a motor, plus mobility scooters, or powered wheelchairs
- byways open to all traffic, for any kind of transport, including cars (but mainly used by walkers, cyclists, and horse riders)
Wherever you go, do not forget the Countryside Code.
Responsibilities of others
Our role
Leeds City Council, as the highway authority, is responsible for the maintenance of public rights of way. A parish council has the power to maintain footpaths or bridleways in its area, but this does not remove responsibility from the council.
We should:
- keep the surface of the public path network in good repair, and control vegetation growing from it (other than crops)
- maintain bridges over natural water courses, including farm ditches
- signpost rights of way from metalled roads, and provide additional signs and waymarks as necessary along the route
- protect the public's right to use and enjoy rights of way
- secure the removal of obstructions, including ensuring that paths over cultivated land are reinstated and marked out after they have been disturbed
- ensure there are no intimidating notices that would deter the public from any paths
- provide a minimum 25% contribution towards any costs incurred by a landowner in maintaining stiles or gates on public rights of way
The landowner's role
A landowner has a legal duty to ensure that a right of way on their land is unobstructed and open for use at all times. This page provides more information on the landowner's responsibilities.
Most landowners fulfil their legal responsibilities towards rights of way. For the small minority of landowners that do not comply with their statutory duties, we are able to take enforcement action as the Local Highway Authority. Formal action may be taken, including prosecution.
The parish or town council's role
Parish or town councils have no specific duties for public rights of way; however, they are given certain powers which can help the public to enjoy the public path network.
Parish councils can:
- maintain any footpath or bridleway within its area, which is maintainable at public expense
- erect lighting on any footpath or bridleway (note: the number of public rights of way likely to require lighting is small and is limited by certain practicalities)
- erect notices warning of local dangers, on or near a public right of way, with the consent of the landowner
- create new footpaths and bridleways by agreement with the landowner over land in their own and adjoining parishes, if satisfied that this would benefit all, or any part of, the parish or community
- signpost and waymark public paths on behalf of, and with the consent of the highway authority. A highway authority can give permission for other persons, such as parish councils, to erect and maintain signposts on its behalf
- provide seats and shelters at the side of public paths
Many parish or town councils around Leeds have signed a partnership with us to take on certain levels of maintenance each year.
Signposting on public rights of way
We have a responsibility to provide a fingerpost wherever a public right of way meets a highway (for example, a road).
You will also see waymarkers (normally small discs with a coloured arrow) at various points along a route:
- yellow waymarker arrows denote a footpath
- blue waymarker arrows denote a bridleway
- purple waymarker arrows denote a restricted byway
- red waymarker arrows denote a byway open to all traffic
Landowners may put up additional waymarkers to assist members of the public to stick to the legal line of a right of way. Additional signage must not be misleading, or discourage use of a public right of way.
Maintaining the surface of a public right of way
Before any changes are made to the surface of a public right of way, permission must be given by the council. Any new surface must be convenient to walk or ride over, so rough rubble, or loose or large stones are not acceptable; the surface must be dusted off with smaller, compacted stone.
Surfaces for a bridleway, restricted byway, and byway open to all traffic must be non-slip for horses; generally, we do not accept tarmac on these routes.
We are responsible for maintaining the surface up to the highest public user for that public right of way. For example, if local residents have private rights to access property by driving along a bridleway, any excess damage must be repaired by those driving on the bridleway, not by the council. This is because a bridleway only provides public access on foot, bikes and horses, and not by powered vehicles.
Overhanging vegetation
It is the responsibility of the landowner to ensure that overhanging trees or hedges alongside a right of way do not affect the width of the path. A clear corridor must be left for users, in accordance with these guidelines:
- footpaths: 2m (6ft) width x 2m (6ft) height
- bridleways: 3m (9ft) width x 3.75m (12ft) height
- restricted byways, and byways open to all traffic: 5m (16ft) width x 5m (16ft) height
It is worth noting that some public rights of way will have historic recorded widths that are narrower than these recommendations. The recommendations here are the required width and height that should be aimed for wherever possible.