Obstructions on BOATs

There is now a statutory process by which a member of the public can seek the removal of an obstruction on a byway open to all traffic (BOAT). This process is not applicable to an unclassified road unless that road is also recorded on the definitive map as a BOAT.

	Before: this stile illegally blocked a BOAT in County Durham'
	'After: service of the statutory notice resulted in the highway authority ordering the landowner to put in a gate. Job sorted within two months.'

This process, which entails serving a ‘notice’ on the highway authority, is generally very effective, but should be used only within the parameters set down in the guidance notes issued by defra.

Service of the statutory notice usually gets results. If it does not, anyone thinking of proceeding to the next stage – seeking an order from the magistrates’ court – should first obtain advice from the rights of way officer of their own national association.

The guidance and relevent forms are available below:

	Statutory Instrument
	Guidance
	Form 1
	Form 2
	Form 3
	Form 4