This is a right to pass (and repass) over land belonging to somebody else.
It could be a public footpath crossing private land or a more private arrangement
which only applies to the immediate neighbours in a terrace of cottages when the
provision may be covered by a licence or easement.
A public highway exists
when everyone has rights of way at any time and for any purpose.
A right
of way may be restricted – as a footpath access to next door’s garden,
for those on horseback (a bridle path), or when driving animals. It may include
vehicular use for a specific purpose, for example, to allow a tanker access to
empty a septic tank on an annual basis.
Where a private pathway is used
regularly, and the land owner has not attempted to restrict access, a right of
way can soon be established under common law. Most rural footpaths were created
in this way: the definitive plan – showing all public rights of way –
maintained by County Councils, is a very recent concept.
Moving an established
right of way is possible but not necessarily an easy process. In contrast, moving
a private right of way is simply a matter of negotiation. Ideally one should then
notify LR of the changes but that is not a legal obligation.
