Can a vehicular right of way be acquired by prescription over a public right of way over unregistered land? Is it necessary to know who the owner of the land is?

There are a number of public rights of way available within England and Wales, all of which may have slightly different rules and restrictions, these include:

1. •

   public footpaths are open only to walkers

2. •

   public bridleways are open to walkers, horse-riders and pedal cyclists

3. •

   restricted byways are open to walkers, horse-riders, and drivers/riders of non-motorised vehicles (such as horse-drawn carriages and pedal cycles)

4. •

   byways open to all traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads

It is an offence, pursuant to section 34 of the Road Traffic Act 1988 (RTA 1988) to drive a mechanically propelled vehicle onto or upon any road being a footpath, bridleway or restricted byway, without lawful authority.