Public rights of way

Each path is classified according to who is allowed to use it. The classifications are:

• footpath (pedestrians only)
• bridleway (pedestrians, cyclists and horse riders only)
• restricted byway (no motor vehicles)
• byway (open to all traffic)

As a user, your rights and responsibilities are to:

• be able to use a right of way without obstruction or intimidation
• use a right of way with normal accompaniments, such as a dog or pram (but not on a bicycle on a footpath)
• use the right of way with respect for other users and the owner of the land through which it passes
• keep any dog with you under control, on a lead if necessary, to prevent it from fouling the right of way and to stop it from running over any adjoining land
• use the right of way for its designated purposes only.

Landowners’ responsibilities to the rights of way on their land are to:

• ensure rights of way are free from obstruction, such as overhanging foliage
• ensure the surface is in a fit condition for its intended use
• signpost and mark rights of way
• provide and maintain stiles and gates
• remove rubbish and litter as far as is practicable under the Environmental Protection Act 1990
• progress applications to divert or nullify rights of way, if applicable, under the Town and Country Planning Act 1990

A landowner can give the public the right to use a route over their land, that is, ‘dedicating’ the route as a public right of way. Legally a dedication must be for all the public, and for all time, but the landowner can determine who can use the route, for example pedestrians only, or pedestrians, cyclists and horse riders.

Sometimes routes are used as public rights of way over time. The presumption here is that, at some time in the past, the landowner either dedicated the way as public, but has lost the evidence of the dedication, or the landowner made no objection to the public using the route. To be legally acceptable, the public must have been openly using the route, without interruption, for a period of twenty years.

Landowners can deposit maps with the council showing any public rights of way on their land, together with a declaration to the effect that they do not intend to dedicate any other routes. Hampshire County Council has more information on this.

The Camber

Please read the Definitive Map Modification Order and accompanying General Notice below.

The Hampshire Countryside Access Forum provides advice on management and maintenance policies for rights of way and access land. It principally advises Hampshire County Council, Southampton and Portsmouth City Councils, but also government bodies and user groups.

The forum meets quarterly. Members of the public are welcome to attend, submit a question or make a representation. For more information email sgs@hants.gov.uk