Rights and responsibilities

Who is responsible for various rights of way issues:
As Highway Authority, Shropshire County Council has a duty to assert and protect the rights of way network. However the responsibility for ensuring the paths are safe and convenient for the public to use is shared between a number of others including the district councils, landholders and users.

Shropshire County Council responsibilities

• ensuring that rights of way are free from obstruction and that they can be used by the public safely and conveniently.
• clearing the surface vegetation from rights of way and ensuring that the surface is in a fit condition for its intended use.
• the maintenance of some, but not all, bridges.
• signposting and, where appropriate, waymarking rights of way.
• authorising stiles and gates on rights of way.
• ensuring that the definitive map is kept up to date

If you wish to report a problem, visit our online feedback form by following the link on this page.

Other Local Authorities with Rights of Way responsibilities

• removing rubbish and litter from all rights of way as far as is practicable under the Environmental Protection Act 1990
• consulting the Highway Authority as statutory consultee on all planning applications that affect a right of way.
• have the power to make diversions or extinguishments when rights of way are affected by development under the Town and Country Planning Act 1990.

Landowner and farmer responsibilities
The landowner must not:

• place any object, structure, fence or anything else on the path which may cause it to be obstructed.
• plough out any headland path
• must not allow any crossfield path to become obstructed by growing crops
• allow any bull over ten months of age, free range of any field through which a public right of way passes, unless it is of a recognised beef producing breed and is accompanied by cows or heifers.
• damage or interfere with the surface of any public right of way without the written permission of the Highway Authority.
• allow rights of way to become obstructed by overgrowing vegetation from boundary hedges and overhanging trees

Users rights and responsibilities
Your rights:

• to pass and re-pass along a right of way without being obstructed or intimidated
• to use a right of way with the normal accompaniments - for example a dog or pram. Note: a bicycle cannot be used on a footpath but may be used on a bridleway, restricted byway or byway open to all traffic.

Your responsibilities:

• to use all rights of way with respect for the owner of the land over which it passes and for other users of the network
• to use rights of way only for their designated purpose
• not to stray from the path
• to keep any dog with you under close control (if necessary, on a lead) and not to permit it to run over private land adjoining the right of way
• to prevent your dog from fouling a right of way so as to be a nuisance to other users
• to comply with the Countryside Code

Rights of Way Legislation and Enforcement:
The Highways Act 1980 places specific duties on the County Council as Highway Authority to protect the rights of way network and powers to enable law enforcement where necessary.
These powers include:

• the right to require the removal of an obstruction on a right of way by any person thought to be responsible.
• require the removal of anything deposited on the right of way
• require the clearance of overhanging or encroaching vegetation
• to instigate legal proceedings where necessary

On receiving a report of an obstruction on a right of way, The Countryside Access Team will initially attempt to resolve the problem amicably before resorting to legal proceedings.
All problems reported are recorded and are dealt with according to their priority. Health & Safety issues being given highest priority. It is important to note that some problems may be quicker to resolve than others. This is particularly so in cases where the landowner or person responsible for an obstruction is difficult to trace or when legal proceedings are instigated, which can often be very protracted.

There are links on this page for further information on

• Common Problems on rights of way
• Frequently asked questions regarding rights of way
• How to report a fault on a public right of way