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10 Apr 2021
Understanding Legal Rights on Public Footpaths
In England and Wales, a public footpath is a legal right of way. It is not public land. The path itself is a highway over which you have the right to pass and repass on foot. That means you can walk it, pause for a breather and admire the view. You cannot legally leave the path to explore, camp, light a fire or forage unless the land is also access land or you have the landowner’s permission.
Look at the waymarkers. A yellow arrow means public footpath, on foot only. A blue arrow means bridleway, for walkers, horse riders and cyclists. A purple arrow means restricted byway, for walkers, horses, cyclists and non-motorised vehicles. A red arrow means byway open to all traffic. Under the Countryside and Rights of Way Act 2000, some areas are designated as access land: open country, registered common land and the coastal margin. There you have a right to roam on foot, but that right does not extend to foraging, camping or taking a vehicle. In Scotland, the Land Reform (Scotland) Act 2003 gives a broader right of responsible access, but the same principles of respect apply.
The Countryside Code is refreshingly short: respect everyone, protect the environment, enjoy the outdoors. In practice, that means planning ahead, following signs and never treating a locked gate or a diversion as an invitation to find your own route. Leave gates as you find them. If a gate is closed, close it behind you. If it is open, leave it open. Keep dogs under control, especially around livestock and ground-nesting birds. Bag and bin dog poo, or take it home if there is no bin. Take all litter away with you.
Foraging is a wonderful way to connect with a landscape, but the law is more nuanced than many foragers admit. The Wildlife and Countryside Act 1981 makes it an offence to uproot any wild plant without the landowner’s permission. Picking fruit, foliage, flowers and fungi for personal use is generally not an offence under that Act, provided you do not uproot the plant. The Theft Act 1968 also says wild fruit, fungi and plants growing wild are not property unless picked for reward or sale. So a handful of blackberries for your tea is unlikely to land you in court.
But that is only part of the picture. On a Site of Special Scientific Interest, picking any plant is an offence without consent. On many nature reserves, byelaws forbid foraging entirely. On access land, the right to roam does not include a right to take anything away. A public footpath gives you a right to pass, not a right to harvest.
Practical foraging etiquette: take only from abundant species, never from the last plant, and never take roots or bulbs. Wild garlic leaves can be picked, but digging the bulbs is both illegal and destructive. Mushrooms should be cut rather than pulled, and only taken if you are absolutely certain of identification. If you want to forage commercially, you need written permission from the landowner. No exceptions.
Lowland heath is one of Britain’s rarest habitats, and one of the easiest to damage. A single footprint in the wrong place can crush a lichen that took decades to grow. A dropped cigarette can set peat alight and burn underground for days. A dog off the lead can flush a nightjar from its nest, leaving eggs to chill.
Heathland is often protected as a Site of Special Scientific Interest, a Special Area of Conservation, or both. That means extra legal protections apply. You may have a right to walk on a footpath across the heath, but you do not have the right to leave it. Stay on the sandy paths. Keep to the edges of the heather. Observe wildlife from a distance. During nesting season, from March to July, keep dogs on a short lead and give ground-nesting birds like woodlark, Dartford warbler and nightjar a wide berth. Adders and common lizards bask on paths; they will move if you give them time. Do not pick heather, gorse or lichen. Do not collect stones from archaeological features.
Most of the land you walk across is farmed or managed. Livestock may be in the same field as the footpath. Keep dogs on a lead around livestock, even if your dog is friendly and well trained. Close gates behind you. Do not block gateways, and do not let your dog chase sheep, cattle or horses. Do not feed animals. If you are unsure whether a path crosses a field with a bull, check your map and read any signs at the gate.
If in doubt, ask. A quick word with a farmer, commoner or ranger will usually get you a friendly answer and often a useful tip about where to walk or what to look for. Local knowledge is part of the pleasure of the countryside.
Legal rights on public footpaths are clear enough, but the countryside is a patchwork of permissions, designations and local byelaws. The safest approach is simple: know your map, follow the waymarkers, read the signs, and ask before you step off the path. If you want to forage on private land, seek permission. If you want to observe rare wildlife on heathland, stay on the path and use binoculars. If you are unsure whether a plant is protected or a reserve has byelaws, leave it be.
Foraging and wildlife observation are gifts, not entitlements. Treat every footpath, heath and hedgerow as if it belongs to someone else, because it usually does. Walk lightly, take only what is abundant, and leave the landscape richer for your having passed through it.
Ga The Ringheath We spend our time finding what works so you don't have to, and sharing exactly what made the difference.
April 25, 2019 at 10:46 am
Take in the iconic skyline and visit the neighbourhood hangouts that you've only ever seen on TV. Take in the iconic skyline and visit the neighbourhood.
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Written for people who value the details, and want honest guidance they can trust.
Soldman Kell
April 25, 2019 at 10:46 am
Take in the iconic skyline and visit the neighbourhood hangouts that you've only ever seen on TV. Take in the iconic skyline and visit the neighbourhood.