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THESE BOOTS WERE MADE FOR WALKING by Walter Waide On Tuesday February 24th the above headline adorned page 13 of the Guardian. The article and information contained in the almost full-page spread was not only informative but extremely even-handed and I make no apologies for trying to reproduce the informative part of it here. The article itself concerned the recent apparent 'U' turn the Government made in relation to their promise to the electorate about legislating for the 'right to roam' , by looking for voluntary agreements with landowners in an effort to please everybody. I have my own views on this which are very much aligned to those held by the RA but I do not intend to burden you with a political diatribe on the subject. What I really think was interesting was the information given about what our rights are in the countryside when we are out walking. The author of the information acknowledged his various sources, including material from the RA, which makes me feel a lot better about reproducing it here but do make full acknowledgement to the Guardian Newspaper.

A stroll in the country. There are about 120,000 miles of rights of way in England and about 35,000 miles in Wales. They comprise footpaths, bridleways, byways open to all traffic and roads used as public paths. Local government is required to keep maps of rights of way and to inform Ordnance Survey. The highway authority usually owns the path (but not the soil beneath) and must maintain the surface. It has a duty to signpost where rights of way leave the metalled road.		Public Footpaths There are about 90,000 miles of these highways in England. It is a civil wrong to cycle or ride a horse on a footpath; the landowner could sue you for trespass or nuisance. Is is a criminal offence to drive a motor vehicle on a footpath. You have a right to pass and repass and to take with you a "natural companion" which includes a dog or a pram !

Open country and common land
Common land occupies over 1.3 million acres, or 3.7% of the land area in England and Wales. It ranges from heath to moor and mountain. There is a public right of access to one-fifth of this. All common land is privately owned (by an individual, company or local authority) and "commoners" have certain rights, including firewood collection. The public have access rights to all common land in urban areas; elsewhere commons have legal public access if special agreements or Acts have been made (eg for areas of Dartmoor and the Malvern Hills). Large expanses of open and uncultivated countryside, some owned by national and local governments, are free for walkers to wander upon and most are marked on Ordnance Survey maps. Entry points to some common land are not always shown on maps and so are difficult to find. Other land with public access: Country parks, the Forestry Commission and the National Trust also provide public access to much of their land.

Bulls in a field
No dairy bull over 10 months of age is allowed in a field through which a right of way passes. Other bulls are banned unless accompanied by cows or heifers. The landowners and farmers may be held responsible for injuries caused by other grazing animals if aware of the risk.

In Scotland
In Scotland the law is different. There are no requirements to log rights of way and unused rights of way can be deleted if not used for 20 years. In England, the legal principle is "once a highway, always a highway".
Stiles
A new stile should only be put in place with the local authority's consent. Landowners must keep gates in good repair, or the authority can charge them for the work.

Obstructions
Anything which impedes your passage may be deemed an obstruction, even an awkward gateway. This may amount to a legal nuisance. The landowner or farmer has a duty to prevent crop (other than grass) blocking the path. The highway authority can prosecute the farmer or charge him for remedial work.

The path user's responsibilities
People using rights of way must keep dogs under "close control" and protect flora and fauna. It is an offence to leave litter. Local bye-laws may prevent dogs fouling.
Public byways open to all traffic
Right of way is by foot, horseback, bicycle or wheeled vehicles of all kinds. Vehicles must be taxed and insured and fit for use on a public highway. There are about 2,000 miles of byways in England.
Public Bridleways
You have right of way by foot, on a horse, donkey or mule and on a bicycle (including mountain bikes). A cyclist must give way to other users. There are about 25,000 miles of bridleways in England.

Walter Waide
Our e-mail address is: waide@wavenet.co.uk

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In Scotland In Scotland the law is different. There are no requirements to log rights of way and unused rights of way can be deleted if not used for 20 years. In England, the legal principle is "once a highway, always a highway".		Stiles A new stile should only be put in place with the local authority's consent. Landowners must keep gates in good repair, or the authority can charge them for the work.

THESE BOOTS WERE MADE FOR WALKING