Post
travel

The Difference Between Open Access Land and Rights of Way

In England and Wales, access is not one single right. It comes from two main sources: open access land under the Countryside and Rights of Way Act 2000, and the public rights of way network. Knowing which you are on changes what you may do.

Open access land covers mountain, moor, heath, down and registered common land. On it you can walk, run, climb, watch wildlife and picnic on foot. You cannot camp, cycle, ride a horse, light fires or swim unless a local byelaw or permission says otherwise.

Rights of way are linear. They are the legal lines across private land, and they have different uses:

  • Public footpath: walking only.
  • Bridleway: walking, horse riding and cycling.
  • Restricted byway: the above plus horse-drawn vehicles.
  • Byway open to all traffic: may include motor vehicles, but check the surface and local signs.

Reading the Map and the Definitive Map

The definitive map is the legal record of public rights of way, held by the local highway authority. It is the final word when a path is disputed. For everyday use, a detailed map will show footpaths, bridleways and byways with different symbols and labels. The key is your best friend.

Open access land is mapped separately from paths. You can be on access land without a path under your feet. Look for access land boundaries, path lines, stiles, gates and any 'no access' symbols. If a path crosses a field, follow the waymarks rather than assuming the straightest line. Crops can hide the trodden route, and the legal line may bend around a field edge.

On the Ground: Signs, Waymarks and Gates

Waymarks are your friends. In England and Wales, yellow arrows generally mark public footpaths, blue arrows mark bridleways, and red arrows mark byways. They are often on stiles, gates or posts. A waymark may point across a field rather than along a visible path.

Open access land is often signed at entry points with the open access symbol: a walking figure passing through an open gate. If you see that symbol, you are on access land and may roam freely on foot, subject to closures.

Use gates and stiles properly. Close gates behind you unless they are tied open. Leave gates as you find them. Do not climb walls or fences. If a stile is broken, report it to the local authority rather than forcing a new route.

Closures, Restrictions and Seasonal Sensitivities

Access is not absolute. Land managers can close or restrict open access land for up to 28 days a year without further permission, and longer in some circumstances. Common reasons include:

  • Lambing and livestock: spring and early summer.
  • Shooting and game management: often autumn and winter.
  • Forestry operations: felling and hauling can close tracks.
  • Fire risk: dry spells may bring temporary closures.

Some restrictions are seasonal and predictable. On open access land, dogs must be on a short lead between 1 March and 31 July, and at all times near livestock. This protects ground-nesting birds and young animals. Even where a dog can run free, keep it in sight and under control.

Temporary closures are usually advertised at main access points and on the local authority's access pages. If a path is closed, follow the diversion. Do not ignore a closure because the weather is good or the path looks quiet. A closed path may protect a dangerous operation or a fragile habitat.

Camping and Wild Pitches: What Is Allowed?

In England and Wales, there is no general right to wild camp on open access land or along public rights of way. Camping is not included in the CRoW access rights. If you want to pitch a tent, use a campsite or get explicit permission from the landowner.

Some areas have long-standing local arrangements or designated camping zones. If you use one, keep groups small, arrive late, leave early, and take everything away. Do not dig trenches, cut vegetation, or light fires. Use a stove instead. A quiet bivvy may feel harmless, but it becomes a problem when dozens of people do it in the same spot.

If you are backpacking and need to rest, sit on a stile or a rock rather than pitching. Plan your route around recognised campsites or permitted camping areas. In Wales, some upland areas have campsites nearby; in England, national park campsites are often a short walk from the hills.

Sharing the Countryside with Land Managers and Other Users

Most access problems come from small misunderstandings. A farmer may close a gate to keep sheep in. A mountain biker may appear quickly on a bridleway. A dog may chase a lamb. A good walker notices these things and adapts.

Be friendly. Say hello to land managers, follow the Countryside Code, and do not block gates or tracks. If you see a problem, report it to the local authority access team or the national park office. Do not take matters into your own hands.

Leave no trace. Take litter home, keep noise down, and avoid damaging walls, fences and vegetation. The more walkers and campers show respect, the easier it is to keep access open for everyone.

Rowan Davies
Web developer since 2006. Create hundreds of websites, HTML and CSS3 expert, who started to learn web design on a world-class level.

Leave a comment