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The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated (or are able to be designated if not already), whereas in Scotland any route that meets certain conditions is defined as a right of way, and in addition, there is a general presumption of access to the countryside ("right to roam").
A definitive map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way is located. The highway authority (normally the county council, or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map.
Sign on Bodmin Moor, citing the Countryside and Rights of Way Act, and noting that the land is open access.It also warns of abandoned mine shafts in the area.. The Countryside and Rights of Way Act 2000 (c. 37), known informally as the CRoW Act or "Right to Roam" Act, is a United Kingdom Act of Parliament affecting England and Wales which came into force on 30 November 2000.
Byway open to all traffic in Somerset. In England & Wales, a byway open to all traffic (BOAT) is a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purposes for which footpaths and bridleways are used (i.e. walking, cycling or horse riding (United Kingdom Road Traffic Regulation Act 1984, section 15(9 ...
In England and Wales the public has a legally protected right to "pass and repass" (i.e. walk) on footpaths, bridleways and other routes which have the status of a public right of way. Footpaths typically pass over private land, but if they are public rights of way they are public highways with the same protection in law as other highways, such ...
Right of way drawing of U.S. Route 25E for widening project, 1981 Right of way highway marker in Athens, Georgia Julington-Durbin Peninsula power line right of way. A right of way (also right-of-way) is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so.
In the common law of England and Wales, a highway occurs where there is a public right of passage over land at all times "without let or hindrance" that follows a particular route. Thus, an area of common land or a village green will not be a highway, although it may contain one.
Under the Countryside and Rights of Way Act 2000, many public rights of way in England and Wales that authorities had not explicitly classified as bridleways or byways defaulted to the classification "restricted byway" which precludes the use of motor vehicles at all times, except authorised vehicles and where required for access.