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What does the law say?

It is the responsibility of Norfolk County Council as Highway Authority to assert and protect public rights of way in Norfolk.

Usually a right of way is maintained at public expense with its surface being vested in the highway authority and the underlying land probably owned by the adjoining landowner. The landowner is responsible for the maintenance of stiles and gates along the right of way and can claim from the relevant maintenance authority a contribution towards the costs involved. In practice the local councils often provide materials such as stile kits as their contribution. The landowner cannot erect new stiles or gates, for example in new fences, without first obtaining permission and specifications from the maintenance authority.

Rights of way should generally be maintained to a standard appropriate to their location and use. It is not therefore reasonable to expect identical standards of maintenance between urban and rural paths. Paths through farms must be safe and unobstructed but users should expect to need clothing and footwear suitable for uneven, wet or muddy conditions, particularly in winter.

What is the legal width?

The law requires no standard width for any right of way. Where a particular highway has historically lain between or been bounded by features such as hedges, ditches, walls etc, it is generally assumed that the public will have rights between these "boundaries" as part of the route. Sometimes widths have been laid down by Parish Inclosure Awards. Where neither boundaries on both sides or a specified width applies and a dispute arises, evidence from local people would normally be sought to establish the width of way habitually used. The Highways Act 1980 as amended by the Rights of Way Act 1990 sets out "minimum widths" in relation to ploughing and cultivating.

What is an obstruction?

It is illegal to obstruct a 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. The County Council can take formal legal action against obstructions, and any problems relating to the above should be reported to them.

Who is responsible for signposting and waymarking?

The County Council has a duty to provide and maintain signs where rights of way meet metalled roads. It may also arrange for additional waymarking after consultation with landowners. The County Council will always meet requests from farmers and other landowners who wish their rights of way to be adequately marked.

It is an offence to destroy or damage a sign or waymark. All problems relating to signposting should be reported to the County Council.