The BBT

What is an obstruction?

Anything on a highway that prevents passage over any part of that highway, unless the obstruction is so minimal as to be no more than a nuisance. A plastic bucket, left on a six metre wide bridleway might not be an obstruction, but a fifteen centimetre square post erected in the middle of the same path is an obstruction, even though most people can pass either side.

But there are other obstructions. Fallen trees, an extension of someone's garden, parked or abandoned agricultural machinery, locked gates or any 'restriction' that is not recorded in the definitive map and statement. The list is long.

Why should I be bothered by a such a post or similar obstruction?

It might be interpreted as a challenge to your right to pass along the route. Should the highway authority seek a legal event to close the route they could argue in court that the route has been obstructed for ten years and no one has complained, therefore the route is "unnecessary" - the criteria for the removal of public rights.

What can I do?

To continue our journey we are entitled to remove sufficient of the obstruction to continue our journey, or to find a way around the obstruction, even if that means passing onto adjacent land. You should not attempt to abate the entire obstruction. That is the duty of the highway authority, to whom you should report the obstruction.

What does the law say about obstruction?

Section 130 of the Highways Act 1980 places a duty on the highway authority to preserve and protect the public's rights and their enjoyment of all highways. So anything that materially interferes with your passage over a highway, be it footpath, bridleway or byway, should be abated by the highway authority.

Various court cases have reinforced that point.