A house at Newton by Castle Acre, Norfolk, has the Nar Valley Way going past it on a section of unrecorded public footpath. That it was unrecorded (i.e, not shown on the definitive map) does not mean that it was not a public right of way: it just means that it was not recorded. Some rights of way were omitted from definitive maps when the maps were first drawn up, in some cases perhaps because they looked less like classic field-paths and more like ordinary, quiet lanes, even though (as here) they were in public use as rights of way.  This route was in use as a public right of way and had been used since time immemorial, and nobody local thought otherwise. 

Back in 1999, two sets of posts were erected in the route by the house’s then occupier, apparently to keep out vehicles.  This went unchallenged, and walkers still used the route. But in 2020 a newer occupant evidently thought that the non-definitive status meant she could close it off altogether: which she did, with fencing smeared in anti-climb paint. (The path, by the way, goes no nearer the house than most roads go near houses.) 

In response to resulting local outcry from many regular users of the route, Area Footpath Secretary Ian Mitchell applied for the way to be recorded on the definitive map, and this led to Norfolk County Council making an order which, if confirmed, would add the route to the definitive map, proving its public status. The householder objected, so the matter went to a public local inquiry held in November 2023.  To assist Ian at the inquiry, the Ramblers employed an expert rights of way consultant, Rosalind Emrys-Roberts, of Routewise, who presented the case at the public inquiry by making the necessary legal submissions and calling our witnesses. 

Ian expertly cited old documentary evidence. This included a map dated 1575, of the Manor and Estate of Lord Phipps in West Lexham; a map of Castleacre parish dated 1714–1719; Faden’s 1797 map of Norfolk; and Bryant’s 1826 map of Norfolk. He also cited the 1838 Tithe map and various editions of the Ordnance Survey, the map and field book prepared under the Finance Act 1910 as part of Mr Lloyd George’s tax on the value of land, a map produced as part of the national farm survey during 1941–43, and an aerial photograph taken in 1946. The combined effect of all this evidence led the Inspector to find that the route had been a public right of way for pedestrians, horse-riders and carriages since at least 1797. 

In case the Inspector should have found the documentary evidence to be insufficient to demonstrate public rights, Ian also marshalled many witnesses testifying to use of the route in modern times. He also provided 69 forms from people testifying to use going back to the 1940s. The result was that the Inspector found that even if the documentary evidence had not shown the way to be public already by 1797, she could have confirmed the order on the basis of deemed dedication shown by the public’s use in modern times. The path has therefore now been added to the definitive map as a restricted byway, based on the documentary evidence. 

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