Outdoor Focus Autumn 2018 | Page 8

Public Rights of Way Open to... Public Footpath Pedestrians Bridleway Pedestrians, Cyclists, Horse-riders Restricted Byway Above plus non-mechanically-propelled vehicles (e.g. horse-drawn) Byway Open to all Traffic All, including motor vehicles Waymark Colour Shown on OS Map Yellow Explorer, Landranger Blue Explorer, Landranger Purple Explorer, Landranger Red Explorer, Landranger Other Categories of Interest Open Access Land Pedestrians Other Routes with Public Access Unclear/Variable (see main text) Permissive /Permitted / Concessionary Routes Permissive FPs open to pedestrians; permissive bridleways open to horses, bikes Canal Towpaths (& rivers regulated by the Canal & River Trust) Pedestrians, Cyclists (Cyclists may not be permitted on non-CRT canals, e.g. the Bridgewater Canal) unwillingness to allow the public to use a route; for example, if there is a locked gate across a path, even if the public are regularly climbing over it to use the route. (On the other hand, if a route is already established as a right of way, landowners cannot legally block access in this way, nor does a path that has fallen into disuse cease to be a right of way.) If a route has been used for 20 years without any evidence that the landowner has taken any steps of this kind, then the ‘inference (or presumption) of dedication’ can arise. So far, so promising. However, it still takes effort and persistence to work through the legal process. Landowners who have ignored the passage of feet, hooves or wheels for decades are quite prone to sit up and take notice when an application to establish is made, and applicants can find themselves facing tough and confrontational tactics from slick lawyers. Permissive/concessionary footpaths or bridleways can’t automatically become a RoW even if they’ve been used by the public for 20 years: all a landowner needs to do is to place a notice stating that ‘there is no intention to dedicate (the route) as a right of way’. Some landowners may close a permissive path for one day a year as a further precautionary measure. Reference Explorer Explorer, Landranger White Too narrow to be a bridleway? Absolutely not. You cannot identify RoWs by what’s visible on the ground. (Near Barngates, west of Windermere.) A good source of plain-English information on most aspects of RoW law is the Ramblers’ website: www.ramblers.org.uk/advice/rights-of-way-law-in-england-and-wales.aspx For more on the Scottish Access Code see: www.outdooraccess-scotland.com. 8 Outdoor focus | autumn 2018 Explorer