About Public Rights of Way
Article 3 of the Access to the Countryside (Northern Ireland) Order 1983 places a duty on district councils to assert, protect and keep open any public rights of way within their district, and to compile maps of public rights of way.
A public right of way:
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Is a route over which members of the public have a legal right of passage. This right exists independently of the landowner's permission.
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Is a permanent legal right that remains in existence unless it is legally diverted or extinguished through the appropriate statutory process.
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May be restricted to certain categories of users.
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Must be respected by landowners and occupiers, who should not obstruct, interfere with, or prevent the lawful use of the route.
A public right of way does not include a road or other route that is maintained by a government department.
Public rights of way may be established through assertion, or created by agreement or order.
Public Rights of Way by Assertion
The investigation of a claimed public right of way involves gathering and assessing evidence from a range of sources, including landowners, local residents, historical records and user evidence.
Where the evidence demonstrates that a public right of way exists, the Council has a statutory duty to formally assert that right of way.
There are three main categories of asserted public rights of way:
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Footpath – open to pedestrians only.
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Bridleway – open to pedestrians and horse riders.
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Carriageway – open to pedestrians, cyclists, horse riders, horse-drawn vehicles and motor vehicles.
Investigation and evidence forms are available on request and should be completed and returned to the Council's Recreation & Countryside Officer.
Public Rights of Way by Agreement or Order
Under the Access to the Countryside (Northern Ireland) Order 1983, Mid Ulster District Council has discretionary powers to enter into Public Path Creation Agreements with landowners to establish new public rights of way.
Where agreement cannot be reached, the Council may consider making a Public Path Creation Order where there is a demonstrated need for public access.
The Council also has powers to make:
The legal procedures for the creation, diversion and extinguishment of public rights of way are set out in the Access to the Countryside (Northern Ireland) Order 1983.
Public rights of way created or diverted under these provisions are generally open to pedestrians, cyclists and horse riders, although specific limitations or byelaws may apply.
Map of Public Rights of Way
Mid Ulster District Council maintains records of public rights of way within the district.
Interactive mapping is available as records are compiled and updated.
Procedures Document
For more information, please download the Council's Public Rights Of Way Procedures Document.
Contact Details
For further information, please contact:
Recreation & Countryside Officer
Mid Ulster District Council
Dungannon Office
Circular Road
Dungannon
BT71 6DT.
Telephone: 03000 132 132
Email: parks@midulstercouncil.org