Rights of Way legislation and enforcement

The Highways Act 1980 places specific duties on the 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 institute or defend legal proceedings

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 and Safety issues being given highest priority. It is important to note that some problems may be quicker to resolve than others.

Back to top