Obstructions on public rights of way
Walsall's network of rights of way is well maintained and clearly defined, but you may occasionally encounter an obstruction. Anything which takes either part or the whole highway from use by the public can be considered to be an obstruction, and should be reported to the council. If the council orders an obstruction to be removed within a specified time, and it is not removed within that period, legal action can be taken to remove it and recover costs from the person concerned.
If you encounter an obstruction on a right of way whilst walking or riding you may remove just enough of the obstruction to allow you to pass, however you must be careful not to let livestock escape. If your way is blocked by someone who you believe to be the landowner, you must not use or threaten force against them or their property, although you can politely but firmly continue to exercise your rights.
Alternatively you may pass around the obstruction, and deviate from the line of the right of way, although if the land which you are deviating onto is in the ownership of another landowner you may be trespassing.
You are not entitled to remove anything that does not obstruct a path but which you feel is dangerous to path users, such as a barbed wire fence alongside the path. If you report this to the council they may be able to have the danger removed.
The majority of obstructions are immediately apparent. A landowner may have erected a fence across a right of way or a path may have become overgrown by encroaching vegetation. However, a number of situations are less obvious, and whilst a route may be obstructed, members of the public are sometimes unsure of their legal position.
If you encounter an obstruction which is permanent in nature such as a fence or gate, you should report it to Traffic and Road Safety 01922 65000 or fill in our online form.
Misleading signs can deter path users and make them feel uncomfortable, even when they know they are on the right path. If a right of way is shown on the definitive map, it is an offence for anyone to put up any sign or notice containing false or misleading information which is likely to deter people from using the route. Again you should report this to Traffic and Road Safety 01922 650000.
Contact us
The Public Rights of Way Team
Engineering and Transportation
2nd floor
Civic Centre
Darwall Street
Walsall
WS1 1 DG
Telephone 01922 652445
Email publicrightsofway@walsall.gov.uk
This page was last updated on 08 August 2008