The following has no legal status, and is merely intended as a guide.
Like a public road, a Public Right Of Way is a highway that anybody may use at any time. Dogs are allowed on Public Rights Of Way, but they must be kept under close control at all times. Rights of way are classified according to the nature of the public's rights along them. There are four categories of Public Right Of Way:
- Public footpaths - for walkers only. You are allowed to take a pram, pushchair or wheelchair along any public footpath - but be aware that many paths, particularly in the countryside, may not be physically suitable for them. Public footpaths are often waymarked with yellow arrows.
- Bridleways - for walkers, horseriders and cyclists. Cyclists must give way to walkers and horseriders.
Bridleways are often waymarked with blue arrows.
- 'Byways Open to All Traffic' ('BOATs') - as the name suggests, these routes - often simply called byways - are for walkers, horseriders, cyclists and vehicles - including horse-drawn carriages, motorcycles and other motor vehicles. BOATs are sometimes waymarked with red arrows.
- 'Roads Used as Public Paths' ('RUPPs') - RUPPs can be used by walkers, riders and cyclists. Some RUPPs are also available to motor vehicles. You will need to make local enquiries to find out whether you are allowed to take a vehicle along any particular RUPP - you cannot tell from looking at a map. All RUPPs in England and Wales are soon to be reclassified as 'Restricted byways'. These will be available for walkers, horseriders, cyclists and horse-drawn vehicles only. RUPPs are sometimes waymarked with black and white arrows.
Where are they?
Public Rights of Way are shown on Ordnance Survey maps and some mapping websites. You can also use our mapping portal. This will also allow you to find extra information such as right of way number and code.
To find details for footpaths using our mapping portal, click "change map information", then "Environment" and tick "rights of way". Click on the "i" button under the map to turn the cursor into a "+" and then click on a footpath, the footpath details will appear in the box to the left of the map.
The Definitive Map
The Definitive Map is actually many separate maps that show the routes of individual public footpaths, bridleways, 'RUPPs' and byways recorded in the area. These maps, together with the Definitive Statements for each route, are the legal record of the public's rights along them. The Definitive Statement for each right of way describes the route and any restrictions on its use.
The appearance of a path on the Definitive Map is conclusive proof of its existence in law. However the reverse is not true. The fact that a right of way is not recorded on the Map, along a particular route, is not evidence that there is no right of way along that route. Similarly, higher rights, such as bridle rights, may exist along a route shown only as a public footpath.
Derbyshire County Council is legally obliged to protect and assert your rights to use the rights of way network and to update the Definitive Map and Statement (the legal record of rights of way for the County). If you have any queries relating to the Definitive Map - contact 
Derbyshire County Council’s Rights of Way Team (Tel 01629 585845).
Not all footpaths are rights of way
There are many paths that the public is able to use but that are not legally rights of way and do not enjoy the same protection. Paths crossing public parks and open spaces, commons and other sites to which the public has formal or de facto access may not necessarily be rights of way, though some of them are.
Other paths, known as permissive routes, are open to the public because the owner has given permission for them to be used - often there is a notice on the path making clear the owner has no intention of dedicating the path as a right of way, and reserving the right to withdraw the permission. These paths are sometimes closed for one day a year, with a view to preventing claims that they are rights of way.
Towpaths, paths across land owned by organisations such as the Forestry Commission, Severn Trent Water and the National Trust that have a policy of providing access, together with off-road multi-user routes such as those created as part of the Sustrans National Cycle Network, are available for public use but may not be rights of way.
Ownership of rights of way
Derbyshire County Council, as the highway authority, owns the surface of all Public Rights Of Way - the landowner's interest only extends to the sub soil. It is an offence to interfere with the surface of a Public Right Of Way to the detriment of users and the County Council has a duty to protect the interests of users and the Public Right Of Way. Occupiers of land can disturb the surface of a right of way by special licence if they first apply to the County Council to do so and by statutory licence in respect of ploughing.
Is it a Public Rights Of Way matter?
The fact that a problem occurs on a Public Right Of Way does not necessarily mean that it is a rights of way issue. Enquiries relating to litter or fly tipping, for example, should be reported in the normal way to the responsible organisation – typical problems include:
- Collection and removal of litter, dog mess, evidence of substance misuse, etc - contact South Derbyshire District Council's 'Clean Team' (Tel 0800 587 2349) or the landowner if the problem is on private land.
- Abandoned vehicle - contact South Derbyshire District Council's Environmental Health Department (Tel 01283 595724 / 595890).
- Fly-tipping - contact South Derbyshire District Council's hotline (Tel 0800 587 2349).
- A dangerous/threatening/intimidating animal/person/behaviour, such as a bull in a field crossed by a footpath or inappropriate use of a firearm - contact the landowner, if appropriate, or Derbyshire Police (Tel. Non-Emergency Number 0845 123 33 33).
- Travellers/gypsies - the Council does not have a duty to move gypsies/travellers when they are camped without the landowner's permission on private land. If travellers are camped on Council land, the Council can evict them. If they are on private land, usually it is the landowner's responsibility. For further advice contact the
Derbyshire County Council Gypsy and Traveller Liaison Officer (Tel 01629 585 566).
- Issues arising from a new development/building works/granting of planning permission - contact South Derbyshire District Council Planning Enforcement (Tel 01283 228706).
- Establishing land ownership - to confirm if land is owned by South Derbyshire District Council contact Finance and Property Services (Tel. 01283 22 8701); To find out if land or property is owned by Derbyshire County Council contact the Estates Section (Tel. 01629 580 000 Ext 6295); More generally land ownership can be traced through the Land Registry (Tel 0115 935 1166).
- Dead, injured, abused, neglected or distressed animals/livestock - contact Derbyshire County Council Trading Standards (Animal Health Enforcement) (Tel 01629 585 988).
Is it a highways issue?
Derbyshire County Council, as the local highways authority, is responsible for the highways and adjacent pavements. Highways issues can include potholes or other defects on roads, pavements, footpaths and cycle -ways. Broadly, if a route has drains and street lighting then it is likely to be a highway, rather than a Public Right Of Way. Highways issues may involve:
- road signs
- road markings
- surface water drainage
- fallen trees
- street lamps
- illuminated traffic signs
To report a highways issue, contact Derbyshire County Council:
For street lighting (Tel 08456 058 058)
For all other roads and traffic issues (Tel 01629 580000 ext 7688)
- Obstructed pavements - Derbyshire County Council is committed to keeping its pavements free of obstruction or nuisance to its users caused by, for example, overhanging tree branches and hedges or building materials blocking the pavement. To report a problem contact Derbyshire County Council Environmental Services (Tel 01629 580000 ext 7188).
- Verges - grass cutting and obstructions - In most cases the grass verges beside roads and footways - up to the boundary wall, hedge or fence - are part of the public highway. South Derbyshire District Council is required to keep verges safe and unobstructed, including cutting the grass. Contact South Derbyshire District Council Grounds & Facilities (Tel 01283 595782).
Derbyshire County Council is also responsible for some aspects of Public Rights of Way maintenance:
In South Derbyshire, their specific responsibilities include:
- Signing - All aspects of signing, including fingerposts and waymarks (disks showing directional arrows) – their erection, replacement and repair. This includes signposting footpaths, bridleways and byways where they leave the metalled road and waymarking paths to help users find their way.
- Bridges and structures - The erection, repair or replacement of most bridges and structures on rights of way, including steps, handrails and culverts.
If you have an enquiry about a promoted route, signing, bridges and structures, access for people with disabilities or a general enquiry about rights of way, contact Derbyshire County Council’s Rights of Way Team (Tel 01629 585845).
South Derbyshire District Council is responsible for the following aspects of Public Rights Of Way:
- keeping rights of way clear of undergrowth (vegetation growing in the surface of the path)
- assisting farmers and landowners with the maintenance of stiles and gates
It is the responsibility of landowners to:
- keep rights of way on their land clear of overgrowth – plants growing across the path from beside it (for example, hedge outgrowth across a path)
- maintain any stiles and gates which are needed on the path
- keep the path free from obstruction – including growing crops, fallen trees and branches
- not plough field edge paths, or any byway
If you come across any problems relating to the following – please report them to South Derbyshire District Council's Footpaths Service (Tel 01283 59 5795):
- undergrowth obstructing a path
- damaged stiles or gates
- overhanging vegetation
- an obstruction or a dangerous structure (If the structure is part of a Council house - contact South Derbyshire District Council's Housing Service or tel 01283 595809/08)
- barbed wire/electric fences across or adjacent to a right of way
- unfenced dangers on land adjoining a right of way which present hazards to path users
- ploughing or cropping obstructing a path
- fallen tree obstructing a path
Please note, these responsibilities relate only to designated Public Rights Of Way and not to other informal footpaths or permissive routes not shown on the Definitive Map.
Other Public Right of Way matters
- For issues relating to the creation, diversion or extinguishment of a Public Right Of Way - a fact-sheet is available describing the process – this will be downloadable from here in the near future.
- For financial matters relating to ‘Minor Maintenance Agreements’ with Parish Councils under the ‘Minor Maintenance Scheme’, contact South Derbyshire District Council's Financial Services on 01283 59 5901.
- For information about walking in South Derbyshire, including maps and walks leaflets.
- For information about the Derby and Derbyshire Local Access Forum, which has an advisory role in strategic access and recreation issues.
- For any other issue not covered above, including the annual ‘Footpath Forum’ consultation event or for landowners seeking advice, for example, when installing a new stile or gate telephone 01283 59 5795.
Contact Details
Online: Footpath Report Form
E-mail: footpaths@south-derbys.gov.uk
page ref: LGSL 614
How helpful was this page? 
