About public rights of way

Within the borough, there are approximately 100km (62 miles) of public rights of way, together with many other paths that are open to the public.

The Public Rights of Way Officer is responsible for:

• Ensuring that all public rights of way are accurately signed, well maintained and correctly defined legally
• Maintaining and updating all legal records relating to public rights of way
• Developing and promoting recreational access opportunities within South Tyneside and beyond

In addition to the public rights of way, a network of other routes, which links places of interests to population centres, has been created and is continually being improved. Examples include the Linnet Way, which links the River Don to the coast at Marsden, the Miller's Trail and Bede's Way.

Public rights of way are highways and provide rights to the public to pass and repass. They have different rights according to their status.

A footpath is a highway on which the public have a right of way on foot only.

On a bridleway the public have a right of way on foot, on horseback, leading a horse, and on a pedal cycle. Cyclists must give way to riders and pedestrians.

Responsible horse riding is vital to the rider as well as other users, so everyone can enjoy the public rights of way and the countryside.

On a bridleway the public has a right of way on foot, on horseback, leading a horse, and on a pedal cycle. Cyclists must give way to riders and pedestrians.

Byways Open to all Traffic (BOATs) are often called byways and as the name suggests, these routes are for walkers, horse riders, cyclists and vehicles - including horse-drawn carriages, motorcycles and other motor vehicles.

What is allowed on public rights of way

Prams, wheelchairs, and dogs are considered to be 'usual accompaniments' on all public rights of way. The law does not state that dogs must be on a lead, you should ensure your dog is under close control at all times, especially where there is livestock.

A footway is a path set out beside a road for pedestrian and are maintained by our Highways team. The footway may not be used by either cyclists or horse riders unless a part of it has been specially set out for their use - in which case, it will be signed and may be surfaced with a different coloured tarmac.

If you need to report a problem on a footway or pavement you can:

• report a problem with a path / public right of way online
• email highways@southtyneside.gov.uk 
• call 0191 4277000

A permissive path is that which the landowner permits the public to use, with the intention that it should not become a public right of way. The landowner may erect notices to that effect and even close the path once a year. To ensure that the public does not acquire a right of way, as might happen if a notice was removed and not replaced, the owner can take advantage of Section 31 (6) deposit.

Unofficial diversions of Public Rights of Way made by landowners can be regarded as permissive paths, though if the above procedures are not used, the new route may in time become a public right of way.

A simple stile can often prove to be a major obstacle for many people. We operate a 'minimum barrier' policy, for new and diverted rights of way. Gaps are preferred to stiles, unless farm animals need to be kept out, in which case a gate or kissing gate will be installed. Requests for the replacement of stiles by stock-proof kissing gates on existing footpaths will be considered favourably, although we cannot guarantee to be able to do so in all cases.

You cannot ride a horse or a bike on a footpath without the prior consent of the landowner, otherwise you would be committing trespass against the landowner or occupier concerned.

Horse riders and walkers have equal rights on bridleways, but cyclists are only allowed to use bridleways as of right provided they give way to pedestrians and horse riders. (Section 30, Countryside Act 1968)

Illegal use of motorcycles

Motorcycles and quad bikes are not allowed on public footpath and bridleways, or on any other countryside site or public open space. Illegal use of motorcycles is both a nuisance and a danger to other users.

The Council and the Police are working together to tackle illegal motorcycles across the Borough and try to prevent it from occurring. Any incidents involving motorcycles should be reported both to the Council and the Police.

It is the duty of the landowner to ensure that any stiles and gates are kept in a good state of repair. Our duty only extends to ensuring that the landowner complies with this obligation and to provide a grant of 25% towards repairing or replacing such structures. (The Highways Act 1980 section 146)

If an occupier of land wishes to install additional stiles or gates on footpaths or bridleways, they must apply in writing to us for authority to do so. To erect stiles or gates without this authority is an unlawful obstruction and is a criminal offence. The only circumstance for which we can provide authorisation for the erection of new stiles or gates is that the structures are required for stock control purposes. (The Highways Act 1980 section 147)

Stiles and gates cannot be erected for security or other purposes and may be regarded as obstructions to the highway.

The Council is responsible for the surface of public rights of way that are publicly maintainable. Privately maintained public rights of way are maintained by the landowners. It is an offence to interfere with the surface of a public right of way to the detriment of users. We can take enforcement action to ensure the surface of a public right of way that are unlawfully disturbed are reinstated.

Occupiers of land can disturb the surface of a right of way by seeking permission from the Council to do so before any work is carried out, and by statutory licence in respect of ploughing.

For privately maintained public rights of way the Highways Act 1980 provides the Council with some enforcement powers but they can only be used in certain specified circumstances, for example in the case of a physical obstruction of the footpath. Unfortunately the powers do not extend to dealing with long grass or overhanging vegetation (unless the latter is physically obstructing use of the footpath). Plants growing across the path from beside it - is the responsibility of the landowner.

If you find a problem on a public right of way, you should contact the Council or use the e-services form.

We carry out annual inspections of all public rights of way in the Borough to ensure that the public rights of way are kept in good condition.

Report a problem with a path / public right of way

Obstructions and encroachments

The Council have a duty to remove all obstructions and encroachments to public rights of way.  This is set out in the Highways Act 1980, section 130.

We also have a common law right to remove anything that it believes constitutes an obstruction, danger or encroachment without consultation with any other party.

We deal with obstructions firstly by consultation and dialogue, requesting the offender to remove the obstruction. Depending on circumstances, offenders are normally given up to four weeks to comply. This informal notice will be confirmed in writing. 

If after that period, the offender has failed to comply, formal legal notice is served. This requires the offender to remove the obstruction within a specified time. 

When that time expires, we will remove the obstruction and recover costs from the offender.

We would consider prosecution for obstruction for any subsequent offence, as well as taking the direct action outlined above (The Highways Act 1980 section 143).