Public Rights of Way misconceptions are more common than many people realise. Public Rights of Way law is highly specialised, and many problems arise not from bad intentions, but from misunderstandings about how the system works. By understanding the legal framework early, landowners and property professionals can avoid costly mistakes and delays.
Common Public Rights of Way misconceptions made by landowners
Here are some of the most common mistakes made by landowners, farmers and property owners.
1. Assuming a path can be moved informally
A very common misconception is that if walkers are already using a different route, the original path no longer matters. In law, the recorded route remains the Public Right of Way unless a formal diversion order has been confirmed.
2. Blocking a route before permission is granted
Putting up fences, gates, buildings or other obstructions across a Public Right of Way before the legal process is complete can lead to enforcement action and significant delays.
3. Relying solely on online maps
Online mapping can be helpful, but it is not always definitive. The legal record is the local authority’s Definitive Map and Statement. Before making decisions affecting access, it is important to check the official record. Additional information on rights of way legislation and guidance can be found on GOV.UK.
4. Underestimating timescales
Diversion orders can take many months, especially if objections are received. Therefore, leaving the issue until works are about to start often leads to frustration.
5. Designing poor replacement routes
A diversion is more likely to succeed if the new route is safe, convenient and attractive for users. Routes squeezed into awkward corners or alongside busy roads are more likely to attract objections.
6. Ignoring Public Rights of Way during land transactions
Public Rights of Way can affect land value, development potential and management responsibilities. Consequently, they should be considered carefully during purchases, sales and tenancy arrangements.
Avoiding Public Rights of Way misconceptions through early advice
The good news is that most of these problems are avoidable with early advice and proper planning. Public Rights of Way should be treated as a key legal consideration whenever land use changes are proposed.
If you require specialist support, visit our Services page to learn more or Contact us to discuss your project. You can also read more About CD Access Consultancy and our experience in access matters.
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