Public rights of way can come into existence through creation (either by legal order or by an agreement made with the landowner) or dedication by the landowner (either expressly or by presumption or by “deemed dedication” following 20 years’ public use).
How are rights of way established?
A right of way – sometimes called an easement – can be created by long-time use under statute or common law. A right of way is nothing more than the right enjoyed by the owner of one piece of land over the land of another. The right of way benefits the land to which it is attached.
What constitutes a public right of way?
A public right of way in the form of a footpath, bridleway, restricted byway, byway open to all vehicular traffic or a public road is a right that can be used by all members of the public. A private right may exist on the same line as a public right but generally private rights of way exist separately.
Who owns a right of way?
A right-of-way is a type of easement that gives someone the right to travel across property owned by someone else.
Can a right of way be removed?
A: If the extent of a right of way is properly defined, the owner of the land over which the right of way passes cannot alter its route or insist on its removal without the consent of the person who benefits from the right ie. the neighbour above, or some other provisions permitting them to do so.