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Public footpath right directional sign - 3mm Aluminium sign 330mm x 100mm

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Members of the public accessed the land for at least twenty (20) years without anyone complaining or trying to stop them doing so. While it is the responsibility of the local authority to maintain the surface of public footpaths, it is the duty of the landowner to ensure they are safe for use. Landowners should clear paths of overgrown vegetation or fallen trees (including those from neighbouring property), and promptly repair broken stiles, gates and fences. It’s common to see signposts for public rights of way on country roads, and even major A roads in England and Wales. This is because the local authority has a duty under the Countryside Act 1968 to signpost any public right of way where it leaves a “metalled road”. A metalled road is one which has a hard surface like tarmac. A highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used (see section 66(1) of the WCA81 and Advice Note 8).

Note: As a rule, open access land includes common land, downs, heaths, moors, mountains, and selected land masses around the England Coast Path (a National Trail around England’s coastline). Used for walking activities (e.g. jogging, running) and can also be used by people in mobility scooters or powered wheelchairs. Those specified factors in Test 3 must be taken into account by the decision-maker but the expediency test is not limited to those matters, as confirmed by the Court of Appeal in The Open Spaces Society v SSEFRA [2021] EWCA Civ 241. The decision-maker may have regard to any other relevant matter including, if appropriate, the interests of the owner over which the path currently passes, or the wider public interest. Use of the word “expedient” indicates that a broad judgement is to be made and it will be for the decision-maker to weigh the different considerations. Footpath waymarkers can be made from a variety of materials, including wood, metal, and plastic. They are typically designed to be weatherproof and durable, so that they can withstand the elements. Local council authorities use signs or coloured arrows to mark public rights of way. They use yellow markings for footpaths and blue colouring for bridleways.c) of any new public right of way on the land over which it is to be created and any land held with it. Members of the public have the right to pass and repass (return) across open access land to walk, run, to climb, and to watch wildlife. Even so, some of the activities you cannot do, include: Informing people of safe procedures: Safety signs can also inform people of safe procedures to follow in the workplace. For example, they can remind people to wear personal protective equipment (PPE), such as hard hats, safety glasses, and gloves. It may be necessary for a farmer to plough over a footpath, making a field impassable. This is lawful provided the land is being used for agricultural purpose and the footpath is reinstated within 14 days of first drilling. The public has the right to walk over crops if the path is unclear and therefore signs should be erected to prevent trespass and damage to crops. Under section 56 of the Wildlife and Countryside Act 1981 (WCA 81), a definitive map and statement is conclusive evidence of certain particulars contained in it, as at the relevant date (defined in section 56(2)). The general rule is that where a map shows a way as of a particular category of highway it is conclusive of certain public rights of way over it at the relevant date, but that is without prejudice to the existence of higher rights. So, for example, where it shows a footpath that is conclusive of public rights of way on foot, but not that there are not bridleway or carriageway rights.

The Land Reform (Scotland) Act 2003 gives the public the right to be on or cross any land for recreational, educational and other named purposes. There may be circumstances where you get permission from the landowners but, providing you are considerate and respectful of the land you’re traversing; you have the right to roam when walking, cycling or horse riding. You have the right to walk your dog too providing they’re kept under close control. You are not permitted on any land for hunting, shooting, fishing or using motorised vehicles. From your OS map, you will be able to see where land may belong to the National Trust for Scotland, Forestry Commission or Woodland Trust. There may be limited access in some of these areas, but local signs will instruct you. In addition, access land owned by the National Trust, Forest Commission or Woodland Trust will have purple band and appropriate symbol. Recently local authorities have reduced the number of waymarks on the path network. This is because the duty to waymark is only where the council deems it necessary to help someone who isn’t familiar with the location. Councils reason that with walkers increasingly using GPS systems and maps on smartphones there is less need for waymarks. Adding or replacing waymarksA highway being either a footpath, bridleway or restricted byway (see section 66(1) of the WCA81, as amended by paragraph 9 of Schedule 5 CROW 2000, and section 27(6) of the NPACA 49).

Members of the public have the legal right to access some, but not all, land areas for leisure activities (e.g. dog walking, rambling). Here we explore the ‘do’s and don’ts’ for private landowners whose land is subject to public rights of way. What landowners can do with public footpathsWhether you are a casual walker enjoying a Sunday afternoon stroll or a dedicated hiker looking to explore our islands’ wide and beautiful countryside, you will need to know the signs that show you are on the right path. So, let’s ramble on…

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