Conditions of Rights of Way

Maintenance

Public rights of way in the Royal Borough of Windsor & Maidenhead are generally the responsibility of the Borough Council as the Highway Authority.

Public rights of way should generally be maintained to a standard appropriate to their location and use. Standards of maintenance and conditions will thus vary between urban and rural paths. Generally an urban path should be well maintained and suitable for children, elderly people, prams and wheelchairs. Paths through farms must be safe and unobstructed but users should expect to need clothing or footwear suitable for uneven, wet or muddy conditions, particularly in winter.

Usually a public right of way is maintained by the Borough with its surface being owned in the Highway Authority and the underlying land in most cases owned by the adjoining landowner.

There may be a joint maintenance responsibility where for example a footpath is also used as a private vehicular access. In such situations the apportionment of the responsibility generally accords with the level of private versus public use of the way, and the corresponding wear and tear caused by the respective uses.

Landowners are responsible for the maintenance of stiles and gates along public rights of way and can claim a contribution towards the costs involved from the Council. The landowner cannot erect a new fence across a path without first obtaining permission from the Council, as well as the specification for the gate(s) to be provided.

Similarly if user or other groups or individuals wish to maintain paths they should first seek agreement of the Council, to ensure that all work is carried out to an approved standard, and that Health and Safety procedures and proper insurance arrangements are in place.

In the past, a lot of valuable work has been carried out by the East Berkshire Ramblers' Association in this respect. Grant-aid from the Council may be available for voluntary work, to encourage efforts to improve the rights of way network in the borough. Parish Councils also have the power to assist in the maintenance of rights of way. The Parish Paths Initiative also performs a great deal of work in maintaining and improving rights of way. More information about the Parish Paths Initiative.

Widths

Where a particular highway has historically been bounded by features such as hedges, ditches, walls, etc. it is generally assumed that the highway extends across the full width between the boundaries, so that as with roads, the majority of public rights of way will have a verge in addition to the used path width.

Some path widths will be clearly stated, for example in the Definitive Statement, or may have been laid down by Parish Enclosure awards.

Where there are no clear boundaries or specified width, and a dispute arises, evidence from users may be sought to establish the width of way habitually used.

The Rights of Way Act 1990 sets out "minimum widths" in relation to ploughing and cultivating on farmland. View the full text of the Rights of Way Act 1990.

The minimum widths specified for a new or diverted right of way, is 2m (6.5') for a footpath, 4m (13') for a bridleway, and 5m (16.5') for a byway or restricted byway. Increased widths will be specified where high levels of use are anticipated, or (in the case of diversions), where the 'old' route of the path had a greater width.

Obstructions

It is illegal to obstruct a public right of way, for example by putting barbed wire or an electric fence across a path or by reducing its width by fencing part of it off, dumping rubbish etc. Also placing barbed or electrified wire across a stile would be an unlawful nuisance unless it is enclosed or insulated. Overhanging vegetation, growing crops and slurry can also be considered as obstructions. Any problems relating to the above should be reported to the Council who can take formal legal action against obstructions. Report a problem to the Council.