Many enquiries to the Ramblers’ Association come from concerned members of the public who have had their right to use a path questioned.
Up until 1949, the public had to go through the courts to seek a declaration that a path was a right of way. But that changed with the passing of the National Parks and Access to the Countryside Act 1949, which introduced a requirement on 'surveying authorities' (i.e. county councils and unitary authorities) to draw up and maintain a definitive map of the rights of way in their area.
What is a definitive map?
A definitive map is a statutory document which must be produced and kept up to date by every county council or unitary authority (except Inner London Boroughs). It is meant to depict every single right of way in an authority's area, and should be accompanied by a document called a definitive statement, which records the legal width, any limitations (such as stiles or gates) and the nature of the rights (i.e. whether there's a right of way on foot, on horseback etc.) that subsist over the ways shown on the map.
Definitive maps are public documents and must be available for the public to view at surveying authorities' offices during normal office hours. There is no charge for viewing a definitive map, but authorities may charge a reasonable amount for photocopying. Some authorities have created online versions of their definitive map.
The recording of a way on the definitive map is conclusive evidence that public rights exist over it. Rights may also exist over a way not shown on the map, or “higher” rights may exist over a way that is shown (e.g. a way shown as a footpath may in fact be a bridleway). It is the duty of every surveying authority to make sure their definitive map reflects reality by modifying it to remove discrepancies between the rights that exist and those that are recorded. Modifying the map is more complicated than simply drawing or erasing a line; a surveying authority must make and confirm a definitive map modification order (DMMO) before a change can be made.
The obvious reason is that the conclusivity of the definitive map provides protection for a right of way, because it means an authority that wishes to take action over a problem can do so in the sure knowledge that the way is public. Enforcement action can be taken where there's a problem on a right of way that's not recorded on the definitive map, but in practice local authorities may be reluctant to act if the way is not recorded. Any person can make an application to have the definitive map modified if he or she has evidence that the map is wrong or incomplete.
Modifying the definitive map
The definitive map is modified by the making and confirmation of a definitive map modification order (DMMO). Anyone can apply for a DMMO, but there must be evidence to support the application. More information is available about applying for a DMMO here.
