What is a right of way?
A public right of way is a highway which anybody may use at any time, just as they would with any other kind of highway. Footpaths, Bridleway and restricted byways only differ from other classes of highway such as roads, by the type of traffic entitled to use them.
What are my rights?
A right of way gives 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. There is great deal of truth in the saying 'Once a highway, always a highway', and this will remain to be the case 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.
What is the Difference between Public Rights and Private Rights?
Who is Responsible for Rights of Way?
The main responsibility for rights of way rests with the highway authority (Rotherham Borough Council). However parish councils, landowners and farmers and path users all have important responsibilities to the boroughs public rights of way.
The Highway Authority
Parish Councils
Landowners and Farmers
Path Users
What type of paths will I find in Rotherham?
Rights of way are classified according to the nature of the public's rights along them. In Rotherham there are three categories of public rights of way:
Public Footpath
Public Bridleway
Restricted Byway
You may also find permissive paths, which are used with the permission of the landowner.
Which maps show rights of way?
The definitive map is a legal document which shows all known public rights of way in the borough. The definitive map is maintained by Rotherham Borough Council and can be inspected at Bailey House during office hours. For further information, please see Definitive Map and Statement.
Alternatively an interactive map showing public rights of way in Rotherham can be viewed on-line. However, please not that this is not the definitive map and has no legal status.
Maps - Where to walk and ride in Rotherham
However if you require a map to take on a walk or a ride, Ordnance Survey (OS) maps also show public rights of way. These maps can be purchased from OS stockists. The most useful map for walking and riding is the 1:25,000 OS Explorer series, which show public rights of way in green. Two maps cover the entire borough, No. 278 (Sheffield, Barnsley and Rotherham) and No. 279 (Doncaster, Conisbrough, Maltby and Thorne).
It is worth noting that in a few cases, there may have been legal changes since the last publication of a map by the Ordnance Survey. The definitive map is the most reliable guide and if you are in any doubt about the legal status of a route you should consult the definitive map.
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