Rights of way maintenance

We receive over 1900 reports of issues per year. Therefore, we prioritise our limited resources to resolving issues that pose the most significant risk and impact on network users.

We will investigate reports of issues considered dangerous and make them safe as soon as possible where this is our responsibility. The responsibility for issues relating to stiles, gates and obstructions lies with the landowner or tenant. In these circumstances, once identified, the person responsible will be informed and advised on what action needs to be taken.

Depending on the priority, complexity and resources required, issues can take a significant amount of time to resolve. We therefore cannot give timescales as to when the issue you have reported will be resolved.

We would encourage you to accompany your report with photos of issues as they can help us to identify locations and problems.

Report a public right of way issue

If you prefer, you can tell us about a public right of way issue anonymously, but we will not be able to get in contact with you if we require further information about the issue.

If you are not able to use our online form, you can contact us.

If you have any queries or issues with rights of way in the national parks please contact the rights of way teams in the relevant national park authority.

• Yorkshire Dales National Park
• North York Moors National Park

Dogs are allowed on public rights of way, but must be kept under close control. Intimidating dogs should be reported to us and the police.

It is normal to meet livestock when out in the countryside using the public rights of way network. Adult beef bulls may be kept in fields crossed by public rights of way, as long as they are with cows or heifers. Dairy bulls, even if accompanied by cows or heifers, should never be kept on land crossed by a public right of way. Where you experience a problem, please let us know.

Cattle attacks are relatively rare. Follow these simple principles to reduce the risk:

• always walk around cows with calves, as walking between them can be seen as a threat
• if they approach, walk slowly and if you have a dog ensure it is at heel
• if you feel threatened, let go of your dog as it can run faster than cattle and escape
• if in doubt, do not enter the field

Farmers are entitled to plough public rights of way if it is not reasonably convenient to avoid them. This only applies to cross-field footpaths and bridleways.

The landowner is responsible for ensuring that a hedge does not overhang and obstruct a public right of way. If a right of way is obstructed by a fallen tree or large branch, responsibility for its removal lies with the tree owner. We are responsible for ensuring that vegetation on the surface of a right of way is kept under control and does not make the route difficult to use. Overgrowth of plants and shrubs alongside the path is the responsibility of the landowner.

We, as the highway authority, are responsible for the surface of all public rights of way - the landowner's interest only extends to the sub soil. If you need to dig up the surface to lay pipes or drains, for example, you should contact us first.

It is the landowner's duty to ensure that stiles and gates are in good repair. Anyone wanting to install additional gates or stiles on footpaths or bridleways must apply to us in writing. A padlocked gate on a public right of way constitutes an obstruction; we have the right to remove it without consultation if the issue cannot be resolved.

Responsibility for bridges and culverts is shared between us and the landowner, and we are responsible for most footbridges. The rail authority is responsible for most footbridges over railway lines, while British Waterways is responsible for all bridges over the canal network.

All public rights of way should be signposted where they leave a road. We have an ongoing programme of replacing missing and broken signposts. If you notice any, please let us know.

Intimidating behaviour designed to stop the use of a public right of way may be an offence and may amount to obstruction of the path. Such issues should be reported to us. If the behaviour is a public nuisance, the police should also be told.

Owners and occupiers of land crossed by public rights of way can be liable for injuries caused by negligence. For example, if a stile were to collapse under a walker, or if someone was injured by an electric fence placed across a path, the injured party may pursue a claim. We are responsible for the right of way surface. In certain circumstances, we will be liable if the injury is due to a negligent act.

There should never be exposed barbed wire or electric fences across a public right of way without a means of crossing. Where a barbed wire or electric fence is alongside a right of way, it may be a danger. There should be electric fence warning signs at regular intervals.

There are instances within North Yorkshire where public footpaths, bridleways and restricted byways that are recorded on the Definitive Map and Statement as public rights of way run along unadopted roads that provide private vehicular access to properties. These public rights of way may also be recorded on the National Street Gazetteer.

Footpaths provide a right of way for the public on foot, in addition to a right of way on foot bridleways also provide for use by horse and by bicycle and restricted byways also provide access for non-motorised vehicles.

As the Highway Authority, we maintain most public rights of way at the public expense, but only so far as is required to the standard of that use as a public right of way. Most public rights of way generally have unmade or unsealed surfaces and are not up to adoptable highway standards. We are not required to maintain the surface of footpaths, bridleways or restricted byways to a standard suitable for use with motor vehicles, nor are we required to bring them up to a better standard suitable for motorised vehicle use.

We are often asked about damage to the surface of a private unadopted road which also carries a public right of way, with an expectation that we will repair the damage so that vehicles can continue to use it. However, alleged damage caused to a private road by the public on foot or by horse, bicycle or non-motorised vehicles would be considered minimal, if any is caused at all. The damage will nearly always be caused by the owners of properties and their visitors exercising a private right of way over the public right of way with motor vehicles.

We have an expectation that all property owners who use a private unadopted road that also serves as a public right of way will take care to ensure that their use does not damage the surface of the public right of way. Where it has been identified that the use has caused an unacceptable impact on the surface of the public right of way, we have an expectation that the owners will take responsibility for the damage from that private use.

• we will expect property owners to ensure their legal maintenance obligations are met and do not interfere with the PROW
   
• where ownership of an unadopted road is unknown, under the rebuttable presumption, each adjoining property is deemed to own the road up to the centre point to the extent of their frontage and will be responsible for the maintenance of it
   
• in many cases, particularly where an owner of the road cannot be identified, residents form an association with a view to seeking contributions from all property owners to keep the surface in repair

In all instances, if owners wish to carry out works which affect a public right of way, our Public Rights of Way team must be contacted prior to commencement to authorise the works. Officers can provide advice and guidance on specifications for surfaces suitable for use on a public footpath, bridleway or restricted byway.

This information note is not intending to constitute legal advice. You should seek your own legal advice on your rights and responsibilities as a property owner or occupier accessing private land by a private or unadopted road over which there is or may be a public right of way.

For more information or to discuss works you are considering on a public right of way please email paths@northyorks.gov.uk.