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67-471: The trail has hosted a homeless encampment that grew exponentially in the late 2010s. The encampment was a topic of concern for residents and politicians, resulting in elected officials approving $ 12 million for housing units. In January 2020, the encampment was dispersed and some of its campers and inhabitants relocated to other areas in Santa Rosa or Sonoma County. The trail was built on the former roadbed of

134-563: A Dollar Tree on Sebastopol Road in Santa Rosa, was dismantled in August 2018, and a lawsuit was filed over the teardown of that camp which resulted in a federal court injunction preventing officials from taking matter over homeless camps unless they had shelter and storage for campers’ personal belongings. Sixty percent of the people from that encampment relocated to the Joe Rodota Trail encampment. Incidents such as fires and arson took place in

201-521: A thoroughfare that is used by people riding on horses . Trails originally created for use by horses often now serve a wider range of users, including equestrians , hikers , and cyclists . Such paths are either impassable for motorized vehicles, or vehicles are banned. The laws relating to allowable uses vary from country to country. In industrialized countries, bridle paths are now primarily used for recreation. However, they are still important transportation routes in other areas. For example, they are

268-512: A broad swath of land, as do many government-owned conversation areas. Some public rights-of-way are negotiated with government as a part of property development. This can result in a public-use right of way, such as an urban waterfront walkway, the public right to use a lobby as a shortcut during business hours, or public access to recreational land such as an urban park (which may include activities not limited to simply passing through). In England and Wales under current law, public access to rivers

335-441: A certain number of years without obstruction by the property owner. Changes to circumstances (such as construction of a new road that connects to the dominant estate), disuse, and obstruction by the property owner may affect this type of right. In other geographic situations, several neighbors will agree to maintain (or inherit from the original developer) a private road that connects their properties, either as communally owned or as

402-434: A compromise with police and parks employees. Right-of-way (transportation) A right of way (also right-of-way ) is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access highways , railroads, canals, hiking paths, bridle paths for horses, bicycle paths,

469-414: A concession) are known as in gross and are typically created by arrangement. Right-of-way easements that benefit the general public are often created for foot, bridle, mountain bike, and ATV paths (often carrying a mix of users). These routes are all formally highways, but have legally restricted modes of use. Such rights-of-way might extend a recreational trail network from land owned by the government or

536-418: A contractual, appurtenant easement. Private ownership typically gives the owners more power, such as the right to restrict parking to owners and their guests. Traffic laws (such as obeying speed limits and stop signs) typically still apply to private roads if they are open to the general public. Transferrable easements (such as the right to use a specific boat ramp not used by the property owner or operate it as

603-423: A conversation non-profit, to connect trails to public roads, to make long-distance trails , or provide access to a beach or waterfront. Especially in common law jurisdictions, these can be created by longstanding use, also known as easement by prescription . They can also be purchased or by a government or conservation group or created by eminent domain. Property owners can also explicitly grant permission to use

670-451: A formal process of voluntary discontinuation or abandonment, often involving public comment. This allows the government to clarify which facilities it will and will not spend money to maintain, which can affect property owners and values. It also clearly distinguishes between transportation facilities which are temporarily not being used versus those which are permanently out of use, and provides for orderly transfer of rights. When an easement

737-418: A general easement to access certain areas when necessary to construct and maintain their networks. In many cases they must request permission from the owner to expand or perform construction activities on a government or private right-of-way. When a road, railroad, or canal is no longer needed, the effect on property rights depends on the jurisdiction and how the right of way was created. Many jurisdictions have

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804-403: A minimum speed). Rights-of-way in the legal sense (the right to pass through or to operate a transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation non-profit purchases the full ownership of real estate , including everything above and below the ground. Many rights-of-way are created instead by easement , which

871-457: A permanent public easement. Some jurisdictions legally recognize the right to roam —to move through any undeveloped land unless otherwise posted or fenced. This allows wandering beyond established trails. Even without a general the right to roam, not all rights-of-way have a physical indication of boundaries, and some easements do not specify any particular path to be taken when crossing. Some easements permit certain recreational activities across

938-555: A popular destination for foreign tourists in the city. Traditional rights of way take the form of servitude de passage (right of passage) and droit de marche-pied (right to walk, along canals and canalised rivers). There is a system of about 120,000 kilometres of well-marked footpaths in France. Many were formerly the main routes between villages and are often "steeper and more direct than modern roads". There are also, in addition, sentier de grande randonnée , long distance trails . In

1005-420: A public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one needing access) may purchase the easement, for example to construct a driveway. Such easements are attached to the dominant estate, or appurtenant . The dominant estate cannot sell the easement separately from

1072-625: A right to be on land for recreational, educational and certain other purposes and a right to cross land. Access rights apply to any non-motorised activities, including horse-riding but only if they are exercised responsibly, as specified in the Scottish Outdoor Access Code . However, there is a lack of legally asserted public rights of way in Scotland, particularly for horse riding and cycling. Rights of way in Scotland mostly provide access for walkers, and only rarely for horse riders. In

1139-401: A route, either through a deed restriction or informal means such as posted signs, and may place restrictions on times or types of traffic allowed. Whether this permission can be revoked or expire from disuse depends considerably on the legal jurisdiction, how it was granted, and the circumstances of public use. Some of these " permissive paths " are closed once a year to prevent the creation of

1206-640: A total length of over 25,000 miles in England and Wales. A number of long-distance multi-use trails have been created in England, including three National Trails : the Pennine Bridleway , 192 km (119 miles), The Ridgeway , 139 km (86 miles), and South Downs Way , 160 km (99 miles). The British Horse Society has promoted long-distance routes for horse riders known as bridleroutes , incorporating bridleways, byways and minor roads. The Land Reform (Scotland) Act 2003 specifically establishes

1273-412: A user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the foreshore . The claimant must apply to the courts, and have their claim confirmed by a court order, and then have it duly registered on the title deeds, a lengthy process. The user must prove "enjoyment without force, without secrecy and without the oral or written consent of

1340-446: Is a legal maneuver that avoids full abandonment, preserving a railroad easement for future reactivation without reverting property rights to real estate owners. Rail trails are often constructed on rights-of-way that no longer host active railroads, putting the property to productive use while preventing obstructions like buildings or crossing infrastructure from being built. These may be used for recreation or for bicycle commuting, given

1407-403: Is a right to cross that does not include full ownership of the land. For example, the original owner may still retain mineral rights under the right-of-way easement, but not the right to exclude people from passing through certain parts of what would otherwise be private land. A government may build a right of way on land it already owns, for example a public park or "unowned" land leftover from

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1474-406: Is defined as a right of way , and in addition there is a general presumption of access to the countryside. Private rights of way or easements also exist. Footpaths , bridleways and other rights of way in most of England and Wales are shown on definitive maps . A definitive map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way

1541-522: Is generally left to the discretion of the landowner, subject to the general trespass laws of each of the 50 states. The longest bridle trail in Australia is the Bicentennial National Trail , of 5,330 kilometres length, running from Cooktown , Queensland, to Healesville , Victoria. There are also some historic bridle trails, now not commonly used by horse traffic, such as The Bridle Track ,

1608-696: Is generally provided on ocean waters under the law of the sea , subject to national laws. Public access to tidal shores depends on the jurisdiction. In the United States , railroad right-of-way easements carry with them, under applicable state laws, the right to control access by the public and even by the owner of the underlying land. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way (both active and disused) include recreational rail trails . In Canada railroad rights of way are regulated by federal law. In October 1880

1675-541: Is located. The highway authority (normally the county council , or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map. In Scotland , a right of way is a route over which the public has been able to pass unhindered for at least 20 years . The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there

1742-529: Is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land the Waymarked Ways and Ulster Way traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and Forest Service land, as is land owned and managed by organisations such as

1809-399: Is no obligation on Scottish local authorities to signpost rights of way. However the charity Scotways , formed in 1845 to protect rights of way, records and signs the routes. The Land Reform (Scotland) Act 2003 codified in law traditional, non-motorised, access practices on land and water. Under the 2003 act a plain language explanation of rights is published by Scottish Natural Heritage:

1876-646: Is restricted, and only 2% of all rivers have public access rights. The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Canals are not, in general, public rights of way in England and Wales. Waterways in the care of the Canal & River Trust are accessible for use by boats, canoeists, paddleboarders and other watercraft upon payment of an appropriate licence fee. Walkers and cyclists can freely use

1943-506: Is terminated, full rights automatically revert to the owner of the real estate over which the right of way passed. Some jurisdictions have a separate formal process for terminating disused right-of-way easements involuntarily, such as adverse abandonment for railroads in the United States. This allows property owners to regain full use after a railroad stops running but does not initiate the legal abandonment process on its own. Railbanking

2010-425: Is up to the owner to sell it to abutters, a conservation non-profit, another transportation company, or some other buyer. Full land ownership generally cannot be lost due to disuse, but abandoned right-of-way land can be taken by the government due to non-payment of property tax , by escheat if no private owner can be found (due to death without heirs or disincorporation), or by eminent domain if it wishes to return

2077-546: Is used colloquially for trails or paths used primarily for people making day treks on horses, and usually used only on the East Coast, whereas out West the equivalent term is trail . The term bridleway is rarely used in the U.S. Horses are usually presumed allowed to use trails in America unless specifically banned, although rules differ among locations. In some countries long-distance multi-use trails have been created, including

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2144-414: The Bicentennial National Trail in Australia, one of the longest marked multi-use trails in the world, stretching 5,330 kilometres. Rail trails can often be used by equestrians. In England and Wales a bridleway is "a way over which the public has a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals along the way." Although Section 30 of

2211-506: The Countryside Act 1968 permits the riding of bicycles on public bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists". Thus the right to cycle exists even though it may be difficult to exercise on occasion, especially in winter. Cyclists using a bridleway are obliged to give way to other users on foot or horseback pursuant to the Countryside Act 1968 . In London's Hyde Park

2278-570: The East Coast Trail , established by a group of hiking enthusiasts, makes use of traditional trails between local communities along the coast of the Avalon Peninsula . In the Philippines , right of way disputes often arise when landowners block access to paths or roads that have been used by the public or specific individuals for a considerable period. The issue typically centers on whether

2345-562: The Land War of the 1880s to the end of British rule in 1922. Rights of way can be asserted by adverse possession , but proving continuous use can be difficult. A case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009 . The 2009 act abolished the doctrine of lost modern grant, and allows

2412-518: The National Trust and the Woodland Trust . Northern Ireland has much the same legal system as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific legislation concerning rights-of-way and right-to-roam. In Québec City , Canada, which was originally built on the riverside bluff Cap Diamant in

2479-810: The Netherlands a bridleway ( ruiterpad ) is a special sand path for equestrians, largely free from other traffic, so that a rider does not inconvenience other users and vice versa. They are indicated with a sign and are both narrow and wide. Traffic is sometimes permitted on wide paths. It is possible to ride some sections of the Trans Canada Trail , especially in Quebec The United States has few if any formal designations for bridle paths, though horses are generally allowed on most state and federal trails, roads and public routes except where specifically restricted. Often, horses under saddle are subject to

2546-613: The Petaluma and Santa Rosa Railroad built in 1904 to provide interurban service from a ferry connection in Petaluma through Sebastopol to Santa Rosa. The line was purchased by the Northwestern Pacific Railroad in 1932. The right-of-way was converted to a walking and bicycle path by the Sonoma County Regional Parks Department after declining freight traffic caused abandonment of rail service over

2613-521: The Republic of Ireland , pedestrian rights of way to churches, known as mass paths , have existed for centuries. In other cases, the modern law is unclear; Victorian era laws on easements protect a property owner's rights, amplified by the 1937 constitution , which stipulate that a right of way has to be specifically dedicated to public use. Opposing these, those claiming general rights of way hark back to an anti- landed gentry position that lasted from

2680-399: The Scottish Outdoor Access Code . Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens. Section 4 of the access code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by

2747-416: The centerline presumption (formerly strip and gore doctrine ). This doctrine may also be used to assert mineral rights under neighboring government-maintained roads in some jurisdictions, a question which has become more relevant since the invention of horizontal drilling . In other jurisdictions or circumstances, the right-of-way is simply a normal parcel which happens to have an unusual shape, and it

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2814-471: The local authority . The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators, but does not extend to public rights of way. In Scotland the public have a higher degree of freedom on rights of way than on open land. Blocking a right of way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but

2881-688: The 17th century, there are strategically placed public stairways that link the bluff to the lower parts of the city. The Upper City is the site of Old Québec's most significant historical sites, including 17th- and 18th-century chapels, the Citadel and the city ramparts. The Breakneck Stairs or Breakneck Steps (French: Escalier casse-cou ), Quebec City's oldest stairway, were built in 1635. Originally called escalier Champlain "Champlain Stairs", escalier du Quêteux "Beggars' Stairs", or escalier de la Basse-Ville "Lower Town Stairs", they were given their current name in

2948-631: The Western United States, the transcontinental railroad was funded by government land grants that gave railroads both the physical right-of-way and surrounding land that could be sold after becoming valuable parcels connected to the long-distance transportation network. In new developments, the government may create the road network in cooperation with the land-owning developer or parcel owners—easement boundaries are defined in writing, and public roads formally "dedicated" as government-maintained. In some jurisdictions, utility companies may by law have

3015-616: The Wissahickon Creek ) and New York City 's Central Park Some trails managed by the U. S. Forest Service and other governmental entities may restrict access of horses, or restrict access during certain times of the year. For example, horses are allowed on the American Discovery Trail , which crosses the country, but only on specific sections of the Appalachian Trail . Access to trails and pathways on private land

3082-749: The […] owner", a restatement of the centuries-old principle of Nec vi, nec clam, nec precario . A court order granting a right of way is personal to the applicant for their lifetime, and cannot be inherited or assigned. In England and Wales , other than in the 12 Inner London boroughs and the City of London , public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in Scotland in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions

3149-401: The affected parties have a legal right to use the route that traverses private property to reach a public road or a national highway . This causes delays in many infrastructure projects, and a laborious process at the local government level. Bridleway A bridle path , also bridleway , equestrian trail , horse riding path , ride , bridle road , or horse trail , is a trail or

3216-552: The building of Canada's first transcontinental rail line, the Canadian Pacific Railway , started. It was built by a consortium contracted by the government, and financed by CA$ 25 million in credit and required 25 million acres (100,000 km ) of land. In addition, the government defrayed surveying costs and exempted the railway from property taxes for 20 years. In the United Kingdom , railway companies received

3283-412: The creation of the country), or seize land or an easement by eminent domain (compulsory purchase). Private companies can purchase land or easements, and in some cases (such as private toll roads (turnpikes), canals, and railroads in the 18th and 19th centuries) have been given the power of eminent domain for the limited purpose of providing a certain type of transportation between specified locations. In

3350-481: The encampment had encompassed over one mile of the trail and had over 220 homeless inhabitants, which steadily increased over the several months prior. An article from the San Francisco Chronicle put an estimation of 300 homeless residents, which accounted for approximately ten percent of Sonoma County's homeless population at the time. A 150-resident homeless encampment, located one mile (1.6 km) away behind

3417-408: The encampment three times in a span of two months from November 2019 to January 2020, including a tank explosion on New Year's Eve 2019. A county supervisor voiced concern that the campsite had steered away many would-be trail pedestrians and cyclists, and had become a nuisance for people who live in the neighborhood. The Sonoma County Board of Supervisors approved a plan to provide housing for some of

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3484-501: The encampment was dismantled by local authorities, and some of its inhabitants moved elsewhere locally, including a homeless community in Oakmont. In 2024, officials erased an unofficial memorial to homeless people who had died in Sonoma county which was painted on rocks at the site where the encampment used to be encampment by a former resident, who was threatened with arrest when trying to seek

3551-419: The extensive network of towpaths that run alongside the canals in England and Wales. See Towpath#Britain for information on the legal status of towpaths. In Canada rivers are crown land and there is a legal "right to navigate over navigable waters. However, the difficult legal question is what constitutes navigable waters. There is no federal or provincial law defining this, nor is there any list of waters

3618-421: The homeless campers, in a $ 11.63 million leasing that will provide at least six units for at least twenty people. The county will spend up to $ 5 million to buy six multi-bedroom houses that could shelter 60 people, $ 3.2 million to hire seven new staffers and fund contracts for drug treatment beds and medical support, and $ 750,000 into annual leases of six to seven units to serve another 20 residents. In January 2020,

3685-642: The lack of publicly accessible rights of way maps in Scotland makes it very difficult to enforce. The unofficial National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW: Northern Ireland has very few public rights of way and access to land in Northern Ireland

3752-509: The main method of traveling to mountain villages in Lesotho . In England and Wales a bridle path now refers to a route which can be legally used by horse riders in addition to walkers, and since 1968, by cyclists. A "ride" is another term used for a bridleway: "a path or track, esp. one through a wood, usually made for riding on horseback" ( Oxford English Dictionary ). In the US, the term bridle path

3819-787: The mid-19th century, because of their steepness. The stairs have been restored several times, including an 1889 renovation by Charles Baillargé . Rights of way have been created in the US, both by historic use ( prescription ) and by grants made by the national and state governments, local authorities and private landowners. Trails that had been established by indigenous peoples were used by Europeans settling North America. Some became highways, while others have been incorporated recently into hiking trails. Examples include: Natchez Trace ; Santa Fe Trail ; Bozeman Trail . In Seattle , there are over 500 public stairways. Some rights of way in North America are hundreds of years old. In Newfoundland

3886-438: The neighboring property, and if the property is sold it would convey to the new owners. Courts may declare this type of easement exists as a matter of equity to resolve a dispute, if the easement was apparently left out of property deeds despite obvious necessity, if there was an apparent intent to create an easement but this was never formalized, or in some jurisdictions if an undocumented right of way has been in continuous use for

3953-439: The property to some productive use. Property outside of linear corridors, especially if improved with buildings (such as railroad stations and large highway interchanges) is more likely to be fully owned and sold off as real estate. Legal discontinuation or abandonment may trigger public auction or negotiated sale of government-owned land. Some right-of-way easements are created because the only way to access certain parcels from

4020-488: The public can use". Under federal law, all natural inland waterways of the United States are classifiable as "navigable" or "non-navigable". Navigable rivers, lakes, ponds, and streams are treated as "public highways", open to surface passage by anyone. The doctrine of navigable servitude gives the federal government primary regulatory power over navigable waters, but users are also subject to state police power . Ownership of non-tidal non-navigable waters goes along with

4087-634: The right to "resume" land for a right of way, by means of private Acts of Parliament . Resumption means compulsory acquisition of land. The various designations of railroad right of way are as follows: Construction of houses/buildings beside railway right-of-way presents a significant safety risk. For example, the Hanoi Department of Tourism in Vietnam ordered the permanent closure of cafes and shops along Hanoi Train Street for safety reasons despite its being

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4154-510: The route in the 1980s. The trail is named after Joseph “Joe” Rodota, Sr, father of writer and political consultant Joseph Rodota , Jr.; Rodota, Sr. was the county's district's first director. Following housing losses of the Tubbs Fire , the trail became the site of a major homeless encampment located nearby Stony Point Road, which was the largest in Sonoma County history. As of December 2019,

4221-433: The routes taken by high-voltage lines (also known as wayleave ), utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term highway is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use (for example, pedestrians only, pedestrians, horse and cycle riders , vehicles capable of

4288-503: The same regulations as pedestrians or hikers where those requirements differ from those for cyclists. In most states, horses are classified as livestock and thus restricted from areas such as the right of way of the interstate highway system , though generally permitted to travel along the side of other roadways, especially in rural areas. Urban bridle paths exist in Philadelphia 's Fairmount Park (most notably Forbidden Drive along

4355-579: The sand-covered avenue of Rotten Row is maintained as a bridleway and forms part of Hyde Park's South Ride. It is convenient for the Household Cavalry, stabled nearby at Hyde Park Barracks in Knightsbridge, to exercise their horses. Although bridleways are shown on Ordnance Survey maps, only the definitive map of the area (controlled by the county council) lists every legal bridle path. In total there are over 76,000 separate bridleway routes with

4422-404: The submerged land, and issues of public access and trespass are treated similarly to private property on land. This may be determined by explicit deed, or implicitly as an extension of ownership of adjacent land, depending on the local ownership history and state law. The right to roam in northern European countries, including Scotland, usually includes rivers and lakes. Freedom of navigation

4489-401: The typical gentle slopes and connectivity of railroad rights-of-way. Some courts will extend the real property boundaries of abutters to the middle of the abandoned right-of-way, even if the right-of-way is outside the boundaries defined in the property deed. Treating the property as if it were an undocumented easement in this way avoids long, narrow strips of unproductive land. This is known as

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