A Landowner’s Guide to Public Rights of Way - Roles and Responsibilities
In this section
- 1. Introduction
- 2. Landowners’ Principal Responsibilities
- 3. Who is responsible for Stiles and Gates on Public Rights of Way?
- 4. Who is responsible for Bridges on Public Rights of Way?
- 5. What fencing is permitted near a Public Right of Way?
- 6. How Wide is a Public Right of Way?
- 7. Who should maintain the surface of a Public Right of Way?
- 8. Who should maintain hedgerows?
- 9. Can I plough and grow crops across a Public Rights of Way?
- 10. Can I change the Route of a Public Right of Way?
- 11. Can I remove a Public Right of Way from my land?
- 12. Can I challenge the accuracy of the Definitive Map and Statement?
- 13. Can I protect my land from the addition of more Public Rights of Way?
- 14. Contact Us
7. Who should maintain the surface of a Public Right of Way?
Public rights of way are normally over private land however the path surface is ‘vested’ with the County Council. This means that the County Council will usually be responsible for maintaining the surface of PRoWs in a suitable condition for their public status.
Exceptions to this are where the route of the PRoW is also a private access, such as the access road to a house or farm. In these cases, the County Council will work with landowners/easement holders and make a proportionate contribution to maintenance to ensure the surface is fit for purpose.
It is an offence to disturb the surface of a PRoW, other than ploughing without authorisation from the Authority, see (Can I plough and grow crops across a Public Rights of Way). Any proposed works to the surface of a Public Right of Way should be done with the agreement of the local Authority as the surface is legally vested with us.
If you need to carry out work that involves disturbing or resurfacing a PRoW, the landowner, or contractor on their behalf, should contact us to outline the proposals so that we can approve the type and specification prior to the commencement of works. A discussion in advance also allows us to deal with any temporary closure requirements whilst works are ongoing.
