LEGAL

PUBLIC RIGHTS OF WAY CLAIMS INCREASE

Both the Ramblers and the British Horse Society (BHS), along with other rights of way groups, are encouraging members to identify previously unrecorded public rights of way so that they can be submitted to the relevant local authorities as Definitive Map Modification Order applications in the hope that they will be permanently added as public rights of way.

Robinson & Hall say the groups are trying to beat a deadline of 1 January 2026, the date by which any public rights of way which have not been formally registered on the Definitive Map will be lost.

Members of the public can make claims for a route to be recorded as a public right of way if there is evidence that a route existed historically. They must provide evidence, usually historic maps, to prove their claim, which can still be made if the route is no longer used by the public, or even if the route itself no longer exists on the ground.

Robinson & Hall believes this increase in applications could have a significant impact on landowners as the BHS alone is looking at hundreds of unrecorded routes. If their applications to modify the Definitive Map are successful, there will be many new registered public rights of way crossing landowners’ property.

HOW TO OBJECT

Landowners looking to object to claims will need to be able to demonstrate that the historic evidence produced by the claimant is inaccurate or unreliable. Alternatively, landowners can produce their own evidence showing that a route was not historically a right of way. There are deadlines for submitting objections and it is important that these are adhered to.

While Robinson & Hall recommends clients use a deposit under Section 31(6) of the Highways Act 1980 to prevent members of the public claiming a new right of way because the route has been used continuously for at least 20 years, this approach cannot be used against claims for historic routes.