Understanding who is responsible for maintaining public rights of way can be confusing, particularly for those new to land management. These responsibilities are shared between local authorities and landowners and are rooted in centuries of legislation.
The origins of highway maintenance date back to the Highways Act 1555, passed under Queen Mary I, which required every parish to appoint surveyors and ensure residents carried out four days of road work each year. By the 17th century, toll-funded turnpike trusts began maintaining certain roads, but with the General Highways Act of 1835, the burden shifted to the public purse. Later, the National Parks and Access to the Countryside Act 1949 confirmed that most public rights of way would be maintained at public expense, and the Highways Acts of 1959 and 1980 further refined these duties.
Today, the highway authority, usually the county or unitary council, is responsible for keeping the surface of public highways suitable for year-round use. This includes tasks such as installing signposts where paths leave the metalled road, maintaining bridges over natural watercourses, and cutting back overgrown vegetation. If a landowner installs a new drain across a public right of way, they are required to install and maintain a suitable bridge. In some cases, where repair of a vehicular bridge is too expensive, the authority may relocate and construct a pedestrian bridge, leaving the landowner responsible for maintaining access for vehicles.
Landowners also play a key role in keeping rights of way safe and accessible. They must ensure that hedges, trees, and other vegetation do not encroach on the path, with special consideration for bridleways, which require more headroom. Stiles and gates must be kept in good repair, and the landowner is legally responsible for them, even if the land is rented out. Local authorities will contribute at least 25% of the cost of replacing these features if needed. Landowners must also avoid blocking rights of way, whether with crops like maize, by failing to reinstate a path after ploughing, or by erecting unauthorized gates or creating hazards such as drainage ditches. Even livestock, like young horses, that intimidate or endanger users can be considered obstructions.
Under Section 130 of the Highways Act 1980, the local authority has a duty to protect the public’s access to rights of way. If a landowner fails to fulfil their responsibilities, the authority can serve a notice requiring them to remove the obstruction or make repairs. If the work is not completed, the authority may carry it out themselves and recover the costs.
For tailored legal advice on your maintenance responsibilities, please contact Frank Smith & Co. Solicitors on 01242 801748 or visit www.franksmithandco.com.
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