Public Paths and the Definitive Map
Many enquiries to the Ramblers’ Association come from concerned members of the public who have had their right to use a path questioned, or think a way they are using may be threatened by new development. In many of these cases the path in question may not be recognised in law as a public right of way.
Up until 1949 if a path was disputed, aggrieved members of the public would have to go through the courts to seek a declaration that it was a public right of way. Today the procedure has been made somewhat easier with the creation of the definitive map and statement, although a court declaration can still be sought in cases of urgency.
Legal Protection for Paths
In 1949 Parliament decided that, in order that everyone may know which paths are public rights of way, they should be recorded on the definitive map. The recording of a right of way on the definitive map is conclusive evidence of its existence as of the date of the map. This gives the path added legal protection and the creation of definitive maps has undoubtedly helped keep rights of way open and usable, and allowed councils charged with their protection to act where they have become unusable. The council responsible for keeping the definitive map up-to-date is known as the surveying authority, and the council responsible for keeping paths open and usable is the highway authority. In practice these are one and the same: county councils, metropolitan borough councils, unitary authorities and the London Boroughs.
On these pages they are referred to just as the “authority”. It is important to note that a path does not become a public right of way by its addition to the definitive map. But its registration on the definitive map as a public right of way proves it is one, and should afford it the legal protection it deserves. Neither can it be said that just because a path is not on the map it is not a public right of way: rights may exist over a way not shown on the map, or “higher” rights may exist over a way eg. a registered footpath may in reality be a bridleway. An example of this are the many authorities who don’t yet have comprehensive definitive maps, for example Cardiff, Liverpool, Birmingham, yet of course public rights of way exist in these cities!
Recording of Public Rights of Way
Getting a path on the definitive map involves using evidence to demonstrate that a public right of way has already come into being. The claim must be made for a way of a particular status, ie. a footpath, bridleway or byway open to all traffic. More information is available in our section on making claims.
Additionally, changes will shortly come about through the Countryside and Rights of Way Act 2000 that will allow for the claim of a new class of way called a “restricted byway”. Visit our pages on the Act to find out more.