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Public Rights of Way
definitions
he most widely known right to cross private land is known as a 'right of
way'. If this is a right granted to everyone it is a 'public right of way'.
There are several types of 'way' and together they are called 'highways'. Although
in normal language a highway is often considered to be a major road (probably
because of this common meaning in America) the proper sense of this word can
refer to the smallest footpath as well as the biggest motorway.
Rights of way can be on any land, including privately owned land. Landowners have the right to allow other uses of a highway they own or control, so for example they can drive a tractor along a footpath on their own land, or allow someone else to do so. The use of a public right of way may be temporarily or permanently restricted by a Traffic Regulation Order issued by a highway authority. These often restrict use by motor vehicles, but sometimes might restrict use of a path at certain times, or by certain types of user such as cyclists. There will normally be a sign informing users of any such restrictions.
Byway open to all traffic (BOAT)
BOATs allow the use of wheeled vehicles of all kinds, but the highway is normally used for walking or horse riding. Driving of off-road type vehicles for recreational purposes often happens along such highways. They are not usually surfaced, and can get very wet and muddy for obvious reasons.Road used as a public path (RUPP)
Until 2006 some highways were still legally classified as a RUPP, which is a very vague definition. Remaining RUPPs were reclassified as restricted byways with effect from 2 May 2006 in England and 16 November 2006 in Wales. A category of right of way created under the Countryside and Rights of Way Act 2000Permissive paths are commonly found on land owned by a body which allows public
access, such as a local authority, a Railway Authority, or the National
Trust.
Pavements are simply part of the highway which they go alongside, and do not have any separate legal existence. So normally they are not considered as paths in their own right, although there are often other pathways in built up areas which may be public rights of way, and sometimes other rights of way (e.g. a footpath) can go along a pavement - this is often where a new road has been built across or along an existing, older, right of way.
Common law ensures the right to pass along any highway, and in the case of pavements (paths alongside vehicular roads, usually in urban or suburban areas) the pavement is usually included in the highway. This means that it is an offence to obstruct a pavement. However, it does not mean that users can cycle or drive on the pavement, unless there are special measures to allow this (e.g. a designated cycle route).
Confusingly, to a highway engineer, the term 'pavement' refers to the whole of the paved area, so the carriageway is the main area of pavement, and the footway may or may not be classed as pavement depending on whether or not it is surfaced.