We believe there are several pieces of legislation about footpaths which should include better considerations for homeowners. Below are explanations of how we would have footpath law changed and why we believe some rights of way are already unlawful

The Current Situation

Why we believe some rights of way are unlawful

Human Rights Act 1998

Throughout the centuries, British law has naturally grown more complex and detailed. As new laws are introduced, it becomes harder for lawmakers to maintain consistency and clarity throughout the legal system. Public footpath law is no exception and we believe that the law on this subject is now getting out of hand.

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Charter of Fundamental Rights of the European Union

Much of the spirit of the text between the above human rights act and this European version is the same.  This is good as it brings further legitimacy to the arguments already discussed above.  There are a few differences in the text however, one of them being in the section concerning protection of property.

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Highways Act 1980

Useful information on the ownership of public rights of way can be found at:

Further Reading

An Introduction to Highway Law.  Fourth Edition.  Michael Orlik, Solicitor.  Published by Thomson Reuters t/a Sweet & Maxwell, 2018.