Public rights of way: creation orders and agreements
Please note that this guidance is intended to be used for general information purposes only, is not intended to be a definitive guide to the law and cannot be a substitute for independent advice. NFU members can obtain free initial legal and professional advice from NFU CallFirst on 0370 845 8458.
Local authorities are able to enter into an agreement with landowners to dedicate a public right of way (PRoW) over their land for public use. This type of agreement is known as a Public Path Creation Agreement (or simply a “Creation Agreement").
The local authority can alternatively seek to create a new PRoW by applying for a Public Path Creation Order (or a “Creation Order”), which would not require the landowner’s agreement.
This business guide explains both Creation Agreements and Creation Orders.
New PRoW’s can also be created based on the public’s long use of a route, but that is explored in our Business Guides:
- 401E: “Public rights of way: new rights of way arising through long use in England”; and
- 401W: “Public rights of way: new rights of way arising through long use in Wales”.
For information on the reinstatement (rather than creation) of historic rights of way, please see of Business Guide 402: “Public Rights of Way: the law on unrecorded historic rights of way”.