About Public Rights of Way
Pathways through History
Many of the present day tracks originated centuries ago. Before acts of Parliament divided up farmland throughout the country, the land was farmed according to the open field system. Villagers were alotted a number of strips of land spread over a wide area. A network of access tracks and paths took shape. When the land was enclosed in the 1800's, many of these routes became public highways. Other paths in County Durham developed as the routes used by the leadminers travelling to work, parishioners going to church, or by those taking goods to market. Some of these ancient paths now form part of our system of roads, while others remain primarily for walkers and other users.Public Rights of Way Classification
Public Footpaths
A footpath is a highway on which the public has a right of way on foot. Often, footpaths will cross fields containing livestock or crops, they may be muddy, and generally ‘rural’ in feel.Public Bridleways
On a bridleway the public has a right of way on foot, on horseback, leading a horse, and on a pedal cycle. Cyclists must give way to riders and pedestrians. These routes may go across farmland, and there will probably be gates encountered.Byways Open to all Traffic ('BOATs')
As the name suggests, these routes - often simply called byways - are for walkers, horseriders, cyclists and vehicles - including horse-drawn carriages, motorcycles and other motor vehicles. BOATs are sometimes way marked with red arrows.'Roads used as Public Paths'
Durham County Council has now reclassified all of its RUPP’s as footpaths, bridleways or BOATs.Who and What are allowed on a Public Rights of Way?
Prams, wheelchairs, and dogs are considered to be ‘usual accompaniments’ on all Public Rights of Way. Although the law does not state that dogs must be on a lead, you should ensure your dog is under close control at all times, especially in rural areas where there is livestock.Public Rights and Private Rights
Many paths, tracks and lanes in the County may not necessarily be Public Rights of Way. Often, they may be private, or have a different description of public status, such as a ‘footway’ or a ‘cycle path’. Other Access, below, may help to clear up any confusion. Remember though, that many rights of way run over private tracks. For example, a surfaced track leading to a farm may have public footpath status. Therefore, the public only have the right to use the route on foot, whereas the farmer may have private rights to use this route in a vehicle. Many rural rights of way have this 'dual status' but if in doubt, always check the Definitive Map.Signposts
The County Council has a duty to place a signpost wherever a Public Right of Way leaves a metalled (surfaced) road. In 2002 we carried out a signpost survey of the whole County, and installed new signposts where they were missing, and replaced old or illegible ones. In rural areas we often use wooden finger posts, which are more in keeping with their surroundings. We sometimes do not place signposts in urban areas, where there would simply be too many signs.
Way Marks
You may have seen little metal or plastic discs displaying a coloured arrow nailed to fences, stiles or gateposts when you are out for a walk. These are known as way marks. Way marks help to indicate the route and status of a Public Rights of Way, and are as follows:
Footpaths are identified by a yellow arrow.
Bridleways are identified by a blue arrow.
Byways are identified by a red arrow.
The relevant Area Officer of the Access and Rights of Way Section will place way marks on paths if the route is unclear, or if there is a junction of two or more rights of way. We will often way mark routes through farmyards, and in general we will way mark if we feel it will help the path user. Way marks also help the landowner, as they assist path users in keeping to the correct line of the path, thus reducing the chances of tresspass occurring.
However, we do not wish to way mark every single path, as this would detract from the rural feel of many countryside routes. This is especially the case in the more remote areas of the County such as Upper Teesdale and Weardale.
Other Access
Permissive Paths
These are not rights of way, but routes along which the landowner permits people to walk or ride. The permission may extend just to certain types of user, e.g. walkers. The permission (which may be a written agreement or just verbal) may be withdrawn by the landowner at any time. Sometimes a landowner may give permission for individuals to use a public footpath on horseback. This is lawful as long as the surface of the footpath is not damaged in any way. A large number of permissive routes have been provided in recent years under the Countryside Stewardship Scheme, which operates across England by DEFRA. Occasionally, farmers provide alternative routes for walkers to avoid a busy working farmyard. This is fine, as long as the Definitive route is also available at all times.Cycle Tracks, Cycle Lanes & Cycle Paths
Bicycles are vehicles within common law, so they can be used on roads and carriageways. They may also be used on bridleways, and designated cycle tracks. The National Cycle Network (being developed by Sustrans in partnership with local authorities and others) involves sections of cycle path and cycle lane, as well as other routes.Cyclists and riders in County Durham have access to our valuable network of railway paths , which are managed by our Sites and Rangers section. The Railway paths run along former colliery and county branch lines. They can be used by walkers, cyclists and equestrians, but not motorbikes.
Footways and Pavements
A footway is a path set out beside a carriageway for pedestrians. You will see these in housing estates, and along side roads. These are generally 'adopted' i.e. maintained by the County Council’s Highways Section. The footway may not be used by either cyclists or horseriders unless a part of it has been specially set out for their use - in which case, it will be signed and may be surfaced with a different coloured tarmac.If you need to report a problem on a footway or pavement please see the advice given on the Highways Action Line (HAL) web page or telephone 0191 370 6000.

