Public rights of way

A public right of way is a right by which the public can pass along linear routes over land at all times. Although the land may be owned by a private individual, the public have a legal right across that land along a specific route. As these routes cross private land we ask you to bear this in mind and be responsible when using them.

Public rights of way are all highways in law, but the term ‘public rights of way’ is generally used to cover more minor highways. The mode of transport allowed differs according to what type of public right of way it is. There are four common types as follows:

Footpath

Is a highway over which the public has a right of way on foot only, waymarked in yellow.

Bridleway

Is a highway the public has a right of way on foot, horseback and on a pedal cycle. There may also be a right to drive animals along a bridleway, waymarked in blue.

Restricted byway

Is a highway over which the public is entitled to travel on foot, horseback and with non-mechanically propelled vehicles (such as pedal cycles and horse-drawn vehicles). There may also be a right to drive animals along a restricted byway, waymarked in purple.

Byway

A byway open to all traffic (BOAT) is a highway the public is entitled to travel on foot, horseback, pedal cycle and by wheeled vehicles of all kinds, including mechanically propelled vehicles, which is used by the public mainly for walking or for riding. Most of these highways do not have a surface suitable for ordinary motor traffic, waymarked in red.

Wherever they are and whatever their type, they are highways in law and open for use by anyone at anytime.

In Solihull:

  • we are responsible for over 150 miles of public rights of way
  • there are over 450 separate routes to enjoy

How you use a right of way is important. On rights of way you can:

  • take a pram, pushchair, wheelchair, but expect to encounter stiles on footpaths
  • take a dog, preferably on a lead or under close control
  • take a short alternative route around an illegal obstruction
  • remove an illegal obstacle sufficiently to get past

Public rights of way are shown on a variety of maps. The Council holds the formal legal record on a plan called the definitive map and statement which can be viewed at The Core, Solihull Library, B91 3QB.

The definitive map and statement is not currently available to view online, however we have produced an indicative Public Rights of Way Map which shows public rights of way within the Borough.

All public rights of way should be denoted by a signpost or waymark. Some paths may be surfaced in towns but many follow tracks, cross fields or pass through woods in the countryside.

Paths should be signed from the roadside and the route is often waymarked by coloured arrows. Different types of public rights of way can be used by different users.

How are rights of way managed?

We are responsible for the management of the public rights of way in Solihull and ensure they are kept open by working with the landowners.

With all the individual public rights of way there is a considerable range of issues to address including:

  • vegetation growth
  • signposting
  • waymarking
  • repair
  • replacement of bridges
  • blocked paths
  • stiles
  • gates in need of repair
  • drainage
  • surfacing problems

Ask us to investigate an issue with a public rights of way

Report an issue with a public rights of way

Whilst the overall responsibility to ensure public rights of way are available and open for the use and enjoyment of the public rests with us as Highway Authority, the main responsibilities are divided between the landowners and occupiers.

We are responsible for:

  • signposting paths where they leave an adopted road
  • waymarking along the route of paths
  • natural vegetation growing through the path surface
  • maintenance of most bridges and ditch crossings
  • ensuring landowners and occupiers comply with their legal responsibilities to ensure the routes are kept clear

Landowners and occupiers are responsible for:

  • replacement and maintenance of stiles and gates
  • clearance of overgrowth i.e. vegetation growing from the sides or above
  • re-instatement of paths after ploughing
  • keeping paths clear of crops
  • making sure they don't obstruct paths in other ways
  • Necessary work is carried out through a number of different work programmes including general maintenance and improvement, also involving partnerships with local volunteers and parish councils. 
  • Some of the work is done in response to problems reported by the public and some through planned programmes such as the summer strimming or signposting programmes.
  • Apart from work undertaken by the Council's contractors, many problems, particularly lower priorities, are resolved by the Team and other volunteers.
  • Most landowners and occupiers carry out their responsibilities without contact or action by us. Occasionally, however, some landowners or occupiers fail to comply with their statutory duties and we are required to remind landowners of their legal obligations with regards to Public Rights of Way across their land.
  • Normally this is achieved through co-operation but, if necessary, we will serve legal notice, take direct action to clear an obstruction and/or consider prosecution.
  • Given the extensive network of paths in the borough, and the different uses made of them, some paths have different maintenance needs from others. 
  • For example, a path regularly used by families, perhaps with pushchairs, to access the village school, will probably require a level, tarmacked surface, strimming of undergrowth if necessary during the summer months, be free of stiles and require prompt response to any problems that arise. 
  • On the other hand, a footpath in a remote rural location is more likely to be visited by more experienced walkers who are competent map readers, able to climb stiles as well as cope with some undergrowth and, thus, maintenance standards may not need to be so high or dealt with so quickly.
  • Across the whole network of paths in the Borough, we have several hundred problems to tackle each year, whether reported by the public or identified by officers. 
  • Given this volume, problems need to be prioritised and this is determined by considering the Officers, alongside the severity of the problem and its impact on path users. 
  • Taking account of the path issues and problem severity, the Public Rights of Way Team then allocates a priority to each identified problem or issue.
  • Problems are normally addressed in order of priority. For example, a Priority 1 will be inspected and fixed, made safe or, if necessary, temporarily closed, as a matter of urgency. 
  • Other priority problems are also generally dealt with in order of their priority although it often makes sense to include some lower priority work with higher priority work in the same locality.

The Local Access Forum (LAF) exists to advise the Appointing Authorities and other organisations on the improvement of public access to the countryside and public rights of way – both rural and urban – for the purpose of open-air recreation and enjoyment of the area.

The forum brings together local stakeholders including cyclists, walkers, disabled users and landowners to share knowledge and provide strategic guidance and feedback.

We have a joint Local Access Forum which covers Solihull, Coventry and Warwickshire.

The Forum meets three times a year. Meetings are open to the public, and time is allowed for public questions. Further information is available online.

Public rights of way can only be diverted if the following criteria are met:

  • Under the Town and Country Planning Act, if a diversion is necessary to allow development to be carried out (planning permission is required).
  • Under the Highways Act 1980, if a diversion is in the interests of the landowner / occupier or public.
  • You must also consider the effect the changes would have on public enjoyment of the path, the land served by both the existing and proposed new routes and any impact on agriculture, forestry and biodiversity. 
  • Public rights of way can only be extinguished / closed without providing an alternative if you can demonstrate that they are not needed for public use, based on the likelihood that the path will be used by the public in future. In practice this is often very difficult, particularly if objections are received.
  • To make an application please read the following guidance document, and complete the application form.

Current applications and diverted paths records can be viewed on our website.