Public rights of way guidance

The county council's role

Staffordshire County Council, as highway authority, is responsible for the maintenance of public rights of way. (A Parish Council has the power to maintain footpaths or bridleways in its area, but this does not absolve the Highway Authority from its duty see The Parish Council's Role). (Section 41 of Highways Act, 1980.)

In simple terms, irrespective of who owns the subsoil, the surface of any publicly maintainable highway is vested in the ownership of the Highway Authority (Section 263 of the Highways Act, 1980).

The county council, as mentioned above, is responsible for maintaining and protecting the public path network. The county council should:

• keeping the surface of the public path network in good repair and controlling vegetation (other than crops) growing from it
   
• maintain bridges over natural water courses, including farm ditches
   
• signposting rights of way from metalled roads and providing additional signs and waymarks as necessary along the route
   
• protecting the public's right to use and enjoy rights of way
   
• securing the removal of obstructions, including ensuring that paths over cultivated land are reinstated and marked out after they have been disturbed
   
• ensuring that there are no intimidating notices that would deter the public from any paths
   
• provide a minimum 25% contribution towards any costs incurred by a landowner in maintaining stiles or gates on public rights of way.
   

The landowner's role

The landowner or occupier of land must:

• keep rights of way clear of obstructions.
   
• cut back vegetation encroaching from the sides and overhanging the path, so that it does not inconvenience the public or prevent the line of the path from being apparent on the ground. (On bridleways, horse riders should be allowed 3 metres [10 feet] of headroom).
   
• ensure that all field-edge public paths are never cultivated.
   
• ensure that cross-field footpaths and bridleways are cultivated (i.e. ploughed or disturbed) only when it is not convenient to avoid them and are properly reinstated after disturbance.
   
• keep paths clear of crops to ensure that they do not inconvenience users.
   
• maintain any stiles or gates on a public path in a safe condition.
   
• ensure that bulls are not kept in a field crossed by a path unless they do not exceed 10 months old or are both not of a recognised dairy breed and are accompanied by cows or heifers.
   
• ensure that any warning notices are displayed only when a bull is present in a field never keep any animal which is known to be aggressive in a field to which the public has access.
   
• ensure that no misleading signs are placed near rights of way that might discourage access.
   

The parish council's role

Parish Councils have no specific duties for rights of way, however, they are given certain powers which, if exercised, can make a significant contribution to the public's ability to enjoy the public path network.

The rights and powers conferred to Parish Councils are:

• the maintenance of any footpath or bridleway within its area which is maintainable at public expense
   
• the erection of lighting on any footpath or bridleway. Although the number of public paths likely to require lighting is small, lighting can be important on paths leading to a village or bus stop for example
   
• the erection of notices, with the consent of the landowner, on or near a footpath or bridleway, warning of local dangers
   
• the creation of new footpaths and bridleways by agreement with the landowner over land in their own and adjoining parishes if satisfied that the creation would be beneficial to all or, any part of, the parish or community
   
• the signposting and waymarking of public paths on behalf of, and with the consent of the highway authority. A highway authority can give permission for other persons such as Parish Councils to erect and maintain signposts on its behalf
   
• the provision of seats and shelters at the side of public paths.