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Public and private rights of way

The different types of rights of way, public and private rights, and landowners permission to use paths.

Using a public rights of way

Public rights of way are areas of land which the public have the right to pass and repass. We are responsible for making sure that the rights of way in Luton are usable, unobstructed and clearly signed.

Highway maintenance are responsible for keeping rights of way (includes both footpath and bridleways) free from obstructions, such as overgrown hedges, to make sure they are clearly signed.

Find current and modified public rights of ways in the area

If you use a right of way you should familiarise yourself with The Countryside Code – GOV.UK.

Types of right of way

Designated public footpaths are for:

  • walkers
  • prams, pushchairs or wheelchairs, where it is possible
  • dogs that are on a lead or under close supervision

You should not ride a bicycle or a horse on a public footpath. 
  
Public bridleways are for:

  • walkers
  • horse riders
  • pedal cyclists

Cyclists should give way to walkers and horse riders. 

Restricted byways are open to:

  • walkers
  • cyclists
  • horse riders
  • users of non-motor propelled vehicles, for example horse carriages
  • mobility scooters and powered wheelchairs

Unlike other rights of way, there may be a right to drive animals along a restricted byway.

Byways open to all traffic (BOATs) are for:

  • walkers
  • horse-riders
  • pedal cyclists
  • motorcyclists
  • horse drawn carriages
  • motor vehicles

Vehicles using public byways

Any vehicles using public byways must be licensed and insured, properly taxed and fit for use on public roads. In some areas use may be restricted by a traffic regulation order. 

Driving a motorised vehicle on a public right of way without lawful consent is a criminal offence. We have a right to take your vehicle if it is along a right of way or from private land which the right of way crosses.

Check whether a path is a public rights of way 

Contact our Highway Development team:

Email: highwaydevelopment@luton.gov.uk

Private and public rights

Public rights of way do not in any way affect private rights of access that may exist over that land for landowners and householders. These rights should be mentioned in the deeds of the land in question. Some rights of ways can carry both public and private rights – for example, a farm access road may also be a public footpath. Private rights must not be exercised in any way as to interfere with the rights of the public.

Giving permission to use paths

Landowners may give permission by a formal agreement with us to use paths or tracks over their land that is not public rights of way. Usually referred to as 'permissive paths', they are not covered by rights of way legislation and there is usually no intention that they should become public rights of way. Notices may be erected at each end of the path to this effect and cover additional restrictions on use that may apply.