Right of way
Right of way (no hyphens), is the legal right, established by grant from a landowner or long usage (i.e., by prescription), to pass along a specific route through property belonging to another.[1] A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist or might be created so as to initiate a right of way through the bordering land.
This article focuses on access by foot, by bicycle, horseback, or along a waterway, while right-of-way (with hyphens) focuses on land usage rights for highways, railways, and pipelines.
A public
Alternative definitions
A
The term may also describe
Worldwide
New Zealand
There is extensive public access in New Zealand, including waterways and the coast, but it is "often fragmented and difficult to locate".[5]
Republic of Ireland
In the Republic of Ireland, pedestrian rights of way to churches, known as mass paths, have existed for centuries. In other cases, the modern law is unclear; on the one hand, Victorian era laws on easements protect a property owner's rights, amplified by the 1937 constitution, which stipulate that a right of way has to be specifically dedicated to public use.[6] Opposing these, those claiming general rights of way hark back to an anti-landed gentry position that lasted from the Land War of the 1880s to the end of British rule in 1922. Rights of way can be asserted by adverse possession, but proving continuous use can be difficult. A case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009.[7]
The 2009 Act abolished the doctrine of lost modern grant, and allows a user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the
United Kingdom
England and Wales
In
London
Definitive maps of public rights of way have been compiled for all of England and Wales as a result of the Countryside and Rights of Way Act 2000, except the twelve Inner London boroughs[9] which, along with the City of London, were not covered by the Act.
To protect the existing rights of way in London, the
The launch event of "Putting London on the Map" took place at the British Library, and since then "the Inner London Area of the Ramblers has been working with Ramblers Central Office staff to try to persuade each of the Inner London boroughs on the desirability of producing definitive maps of rights of way".[10]
In 2011
Permissive paths
Some landowners allow access over their land without dedicating a right of way. These are often physically indistinguishable from public rights of way, but they are may be subject to restrictions. Such paths are often closed at least once a year, so that a permanent right of way cannot be established in law.[13]
Scotland
In
The Land Reform (Scotland) Act 2003 codified in law traditional, non-motorised, access practices on land and water. Under the 2003 Act a plain language explanation of rights is published by Scottish Natural Heritage: the Scottish Outdoor Access Code. Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens.[17]: 11–13
Section 4 of the Access Code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by the local authority.[17]: 60–62 The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators,[citation needed] but does not extend to public Rights of Way.[17]: 15, 36 In Scotland the public have a higher degree of freedom on Rights of Way than on open land. Blocking a Right of Way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but the lack of publicly accessible Rights of Way maps in Scotland makes it very difficult to enforce.[18]
While in England and Wales, highway authorities have a duty to maintain legally recognised maps of rights of way, in Scotland different legislation applies and there is no legally recognised record of rights of way. However, there is a National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW:
- vindicated – routes declared to be rights of way by some legal process;
- asserted – routes which have been accepted as rights of way by the landowner, or where local authorities are prepared to take legal action to protect them;
- claimed – other right of way routes, which have not been vindicated or asserted, but which appear to meet the common law conditions and have not yet been legally disputed.[14]
Northern Ireland
Northern Ireland has very few public rights of way and access to land in Northern Ireland is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land the Waymarked Ways and Ulster Way traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and Forest Service land, as is land owned and managed by organisations such as the National Trust and the Woodland Trust.[19]
Northern Ireland shares the same legal system as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific access legislation.[20]
United States
In the United States, a right-of-way is normally created as a form of easement. The easement may be an easement appurtenant, that benefits a neighboring property, or an easement in gross, that benefits another individual or entity as opposed to another parcel of land. See also "Alternative definitions" above, with regard to types of easement granted or reserved over land for transportation purposes,
Right to roam
The freedom to roam, or everyman's right is the general public's right to access certain public or privately owned land for recreation and exercise. Access is permitted across any open land[further explanation needed], in addition to existing paths and tracks.
In
In
The Rivers Access Campaign is being undertaken by the
on behalf of members of the public. Under current UK law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights. The BCU is using the campaign not just to raise awareness of the access issues, but to try to bring about changes in the law.Many tropical countries such as Madagascar have historic policies of open access to forest or wilderness areas.[citation needed]
Public land
Some land long considered public or crown land may in fact be the territory of Indigenous people, in countries that were colonised.
Crown land in Canada
Much of
Crown land in Australia
Much of Australia's land area, including most land below the mean high water mark is
Public land in the US
Most state and federally managed
Water
Foreshore
Public rights of way frequently exist on the
For privately owned beaches in the United States, some states such as Massachusetts use the low water mark as the dividing line between the property of the State and that of the beach owner. Other states such as California use the high-water mark.
In the
In Greece, according to the L. 2971/01, the foreshore zone is defined as the area of the coast which might be reached by the maximum climbing of the waves on the coast (maximum wave run-up on the coast) in their maximum capacity (maximum referring to the “usually maximum winter waves” and of course not to exceptional cases, such as tsunamis etc.). The foreshore zone, apart from the exceptions in the law, is public, and permanent constructions are not allowed on it.
As with the dry sand part of a beach, legal and political disputes can arise over the ownership and public use of the
Rivers
The
on behalf of members of the public. Under current England and Wales law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights.See also
- Alley
- Byway (road)
- Corpse road
- Drovers' road
- Green lane (road)
- Institute of Public Rights of Way and Access Management
- Old military roads of Scotland
- Scots law
- Trail
- Trespass
- Vehicle#Right-of-way
References
- ^ New Oxford American Dictionary.
- ^ Black, Henry Campbell (1910) [1891]. A Law Dictionary. Containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern (2nd ed.). St. Paul, MN: West Publishing Co. p. 1040.
- ^ New Oxford American Dictionary
- ISSN 0277-867X.
- ^ a b "Kia Ora, Welcome". Retrieved 13 November 2016.
- ^ The constitution guarantees the "life, person, good name and property rights of every citizen" (Article 40.3)
- ^ Mary Carolan (20 January 2010). "No evidence of Lissadell right of way, court told". The Irish Times. Archived from the original on 31 December 2010."Issues by county". Keep Ireland Open (a group opposed to the current laws). Archived from the original on 2010-06-03.
- ^ "Land And Conveyancing Law Reform Act 2009, Part 8, section 33". Electronic Irish Statute Book (eISB). Retrieved 2023-01-02.
- ^ "Naturenet: Rights of Way Definitive Maps". Retrieved 13 November 2016.
- ^ a b "Inner London Ramblers". Archived from the original on 2013-04-17. Retrieved 2014-11-05.
- ^ "Search - Lambeth Council". Archived from the original on 14 November 2016. Retrieved 13 November 2016.
- ^ "City of London Public Access Map" (PDF). Archived from the original (PDF) on August 14, 2014.
- ^ "Everything you need to know about Rights of Way". 24 August 2011. Retrieved 13 November 2016.
- ^ a b Rights of way in Scotland Archived 2015-07-26 at the Wayback Machine Scottish Natural Heritage
- ^ Scottish Natural Heritage. "Rights of way in Scotland" (PDF). Archived from the original (PDF) on 2017-06-30.
- ^ "Upholding Public Access in Scotland". ScotWays. Retrieved 2023-01-02.
- ^ Scottish Natural Heritage. 2005. Archived from the original(PDF) on 2018-07-18.
- ^ a b "Scottish Outdoor Access Code". Retrieved 13 November 2016.
- ^ "Access - Useful Info - Walk NI". Retrieved 13 November 2016.
- ^ A Guide to Public Rights of Way and Access to the Countryside: [1].
- ^ Right to roam in Norway: [2] Archived 2017-06-01 at the Wayback Machine.
- ^ "Crown land". ontario.ca. 2021 [2015]. Retrieved 2023-01-02.
- ^ "Declaration Order: Algonquin Land Claim". ontario.ca. 2007.
- ^ "Crown Land". Department of Lands. Government of Western Australia. Archived from the original on 13 November 2016.
- ^ "S.O.U.L." Retrieved 13 November 2016.[unreliable source?]
- ^ "New foreshore bill passed". Television New Zealand. 24 March 2011. Retrieved 30 July 2012.