Rights of way in England and Wales

[citation needed] The Countryside and Rights of Way Act 2000 provides that paths that are not recorded on the definitive map by 2026 and that were in use prior to 1949 will automatically be deemed stopped up on 1 January 2026.

seems to have defined it better: 'All the stratum of air above the surface and all the stratum of soil below the surface which in any reasonable sense can be required for the purposes of the street, as street'[6] In England and Wales a public footpath is a path on which the public have a legally protected right to travel on foot.

However, it is not a criminal offence to do so unless there is a traffic order or bylaw in place specifically: it is a civil wrong to ride a bicycle or a horse on a public footpath, and action could be taken by the landowner for trespass or nuisance by the user.

After the 2006 Regulations to the Countryside and Rights of Way Act 2000, BOATs should now more properly be referred to simply as byways.

[10] This process was slow as it involved research into historic usage and often public enquiries, and so was not completed by the time the Countryside and Rights of Way Act 2000 was passed.

On 2 May 2006 the Natural Environment and Rural Communities Act 2006 reclassified all remaining roads used as public paths as restricted byways.

The act of so closing or signing it ensures that any future use of it does not count towards the 20 years' use 'as of right' needed to establish its public status.

In England and Wales, a footpath, bridleway or restricted byway may be expressly dedicated by the owner as a public right of way.

Furthermore, unchallenged use by the public, as of right, for at least 20 years, may give rise to a presumption of dedication under Section 31 of the Highways Act 1980.

Paths created by express dedication since 1949 are not automatically maintainable at the public expense as a result of s.49 National Parks and Access to the Countryside Act 1949.

[13] Section 25 of the Highways Act 1980 allows a local authority (that is, a district or county council, or a unitary authority) to enter into an agreement (known as a 'public path creation agreement') with a relevant landowner to create a footpath or bridleway over land in their area.

Section 30 of the Highways Act 1980 allows a parish council (community council in Wales) to enter into an agreement with a relevant landowner to create a footpath, bridleway or restricted byway over land in their area or in an adjacent parish.

Depending on the number and nature of the objections, he may consider the order after an exchange of written representations between the authority and the objectors, after holding a hearing, or after a public local inquiry.

Each highway authority is required to review their Rights of Way Improvement Plan at least every ten years.