A Landowners Guide to Public Rights of Way
Ceredigion has over 2500km of Public Rights of Way (PRoW) which are considered part of the Public Highway Network and are protected by law.
The Definitive Map and Statement, held by Ceredigion County Council, is conclusive evidence of the existence of a Public Right of Way. A request to view these documents can be sent via Clic - Customer Service Centres.
A digital representation is available here Rights of Way Map.
Responsibility for maintaining this network is shared between landowners and Ceredigion County Councils Rights of Way Team.
These Rights of Way are:
Footpath – the public have the right to pass on foot and with a mobility aid if appropriate.
Bridleway – the public have a Right of Way on foot, on a horse or on a bicycle.
Restricted Byway – the public have a Right of Way on foot, on a horse or bicycle and in a non mechanically propelled vehicle e.g. horse and carriage.
Byway Open to All Traffic – The public have a Right of Way on foot, on a horse, on a bicycle, in a horse drawn vehicle or a motor vehicle.
Dogs (under close control), pushchairs and prams are permitted on all types of Public Right of Way as they are classed as usual accompaniments to a lawful path user.
Anyone using PRoW must treat the land they are crossing with respect and follow the Countryside Code at all times.
Landowners, or tenants of land, over which a PRoW passes have a legal duty to ensure that it is accessible to the public. Clearly waymarked, well maintained, and easy to use PRoW prevent the public from getting lost, ensure they keep to the correct route and stay safe.
Shared Maintenance Responsibilities
Gates and Stiles
Gates are needed for stock control and are the responsibility of the landowner. They should be safe, easy to use and fit for purpose. Landowners are liable for any injury caused by poorly maintained gates on a PRoW crossing their land.
Local Authority consent is required before installing any extra gates across a PRoW and can only be granted under certain circumstances.
As a commitment to provide least restrictive access, Ceredigion County Council no longer supports the installation of stiles. Landowners may install stiles where this is what is recorded in the Definitive Statement.
Gates and stiles must conform to minimum British Standards which can be seen here:
British Standard BS5709 for gaps gates and stiles - divio-media.org
Bridges
If a bridge is only for the purpose of access along a PRoW, then it is the responsibility of Ceredigion County Council. Where a bridge is for both public and private access, then the Council may share some responsibility with any private users.
Fencing
Landowners and occupiers must ensure that any fencing does not obstruct or restrict a PRoW. Barbed wire is not acceptable on or near PRoWs and should never be fixed to posts which form part of gates or stiles. Landowners and occupiers are liable for damage or injury caused by barbed wire used inappropriately on or near a PRoW.
Electric fencing, whether or not electrified, is subject to the same rules as all other fencing. Clear warning signs must be displayed at regular intervals along its length. Authorisation is needed from the Council to install an electric fence across a PRoW. Where this is granted, a suitable passing place should be installed for public safety with clear warning signs displayed.
Should a new fence be needed that will cross a PRoW, public access must be safeguarded at all times.
Path Width
There is no standard width for any PRoW other than that recorded in the Definitive Statement. If a PRoW follows a defined path or lane, it is assumed that the right extends to the full width.
Where the width of a RoW cannot be defined by either of the above, Ceredigion County Council will aim to maintain at least these widths:
- Across a field: Footpath – 2.5m, Bridleway 3.5m, Byway 4.5m
- Field edge path: Footpath - 2.5m, Bridleway 3.5m, Byway 4.5m
Path Surfaces
Most PRoW cross privately owned land, however the surface is ‘vested’ within the County Council. This means the Council will be responsible for maintaining the surface of a PRoW to a suitable standard for their intended use.
Where a PRoW shares a route with private rights such as an access track to a property, the Council will maintain the surface to be suitable for the Public Right.
It is an offence to disturb the surface of a PRoW, other than ploughing, without authorisation from the Council. If the surface of a PRoW crossing a field is to be ploughed, then it must be reinstated to a firm, even surface within 14 days. The line of a PRoW must also be kept clear of any growing crops to prevent obstruction.
Hedges, Trees and Vegetation
The landowner or occupier is responsible for cutting back all side and overhead growth to prevent encroachment onto and obstruction of a PRoW. The Council is responsible for cutting surface vegetation.
Fallen trees and branches are the responsibility of the landowner/occupier and must be cleared promptly so as not to become an obstruction.
More Information
More information on Public Rights of Way, who can use them and who is responsible for their maintenance, can be found here:
Public rights of way - GOV.WALES
Public Rights of Way in Wales - Natural Resources Wales
NFU, FUW, CLA and TFA also produce guides and provide information for their members.