Public rights of way
A public right of way is a highway which anybody may use at any time, just as they would a normal road. It gives everyone a "right of passage" to travel across the land. It does not entitle you to roam wherever you want, or use the path or surrounding land for some other purpose. You are entitled to use a right of way as a legal right, it is not a privilege granted by a landowner or occupier. If a public right of way has not been used for a considerable time this has no effect on the legal existence of the right of way.
Any right of way will remain a right of way until a route is either legally diverted or closed. It is not necessary, as some people believe, to use a right of way once a year in order to keep it legally open. When using a right of way you are allowed to stop for a while, admire the view or sit down and rest, providing you stay on the path and do not cause an obstruction. You may take a wheelchair, pram or pushchair on any rights of way, although this may not be practical because many footpaths have stiles, uneven surfaces and steep gradients. You may also take a dog with you although you have a responsibility to keep it under close control.
The main responsibility for rights of way rests with the highway authority (Walsall Council). However landowners, farmers and path users all have important responsibilities to the borough's public rights of way. The highway authority has a duty to protect and maintain the rights of the public,it also has discretionary powers which it may use if it feels necessary. Landowners and Occupiers must respect the public's rights of passage and not do anything that could endanger or inconvenience the public in any way. Paths users should stay on the course of a right of way and only use it in the manner allowed. Whilst users are entitled to take a dog, they must keep in under close control and on a lead if necessary. Dog owners should also ensure that they tidy up after their dog and clear up any dog mess.
As highway authority, Walsall Council may make legal orders to extinguish (stop-up or close) or divert paths. The procedures which have to be followed are designed to ensure that the public are made aware of the proposed change, and that anyone who wishes to state their views has an opportunity to do so before a final decision is made.
It is an offence to physically divert or close a path, even temporarily, without lawful authority and anyone who does so runs the risk of having legal action taken against them. The council may take action to reinstate the path and recover the costs from the individual(s) responsible.
The only course of action open to anyone who wants to realign a right of way is to seek the legal closure or diversion of the public rights.
Proposals to change the network can arise from applications or requests made to the council from developers, members of the public, path users, farmers, or landowners, or the council itself may propose to make a change.
Public rights of way may also be closed or diverted temporarily, to allow works to take place either on, or beside, a public right of way which would endanger public safety. Temporary Closure Orders are made by the council.
Contact us
The Public Rights of Way Team
Engineering and Transportation
2nd floor
Civic Centre
Darwall Street
Walsall
WS1 1 DG
Telephone 01922 652445
Email publicrightsofway@walsall.gov.uk
This page was last updated on 19 June 2009