![]() ![]() The test to show whether statutory dedication has occurred is set out in section 31 of the Highways Act 1980. ![]() Dedication need not be an express act by the landowner - it can also be inferred, because the way has come about through being used without challenge, either at common law or under statute (ie an act of parliament).ġ.2 Common law dedication can occur where there is evidence of use but no evidence that the use has been challenged.ġ.3 However, it is more usual for applications to be made under statute. The Ramblers Don’t Lose Your Way project contains lots of information about historical claims.1.1 A right of way may come into existence through dedication by the landowner, and acceptance by the public. Or you may need to knock door-to-door in the community to gain evidence of use by the public. This may require undertaking historical research at archives, libraries and parish councils. Making a claim based on historic evidence Its existence may have been forgotten or incorrectly recorded but public rights of way do not expire just because no one remembers them. Our guide explains all the legal concepts in simple English and includes a step-by-step explanation of how to gather evidence for a successful claim based on long use.Ĭlaims can be based on historic or documentary evidence that shows a public right of way was established in the past. The Ramblers guide to claiming unrecorded paths based on long use If you are trying to gather evidence of use, contact your local Ramblers group for help. Contact your local highway authority for their user evidence witness form or download the form. You must gather evidence of use in a specific way. The landowner did not deposit a map and declaration under Section 31(6) of the Highways Act 1980 with the local authority.ĭepending on the location of the path, you will need between 5-30 user evidence forms filled out and signed by individuals who have used the path for 20 years. The landowner did not clearly display a lack of intention to dedicate the path for public use The landowner did not display signs or take action to prevent the public from using the path The public were using the path without force, secrecy, or permission The public have used the path for a period of 20 years without interruption Section 31 of the Highways Act 1980 sets how a public right of way comes into existence legally through long use by the public. You will need to gather and include evidence to show that a right of way is likely to exist.Ĭontact your local highway authority for their user evidence witness form or use ours. Whichever type of claim you make, you need to make an application to the local authority for a Definitive Map Modification Order. There are two broad categories of claims for unrecorded public rights of way. If it is shown as an “Other Route with Public Access”, ask the council to check whether it is listed as a highway maintainable at public expense on the list of streets. If the path is not shown on the Definitive Map it is worth also checking the Ordnance Survey. They can check the paper Definitive Map for you.īook an appointment to view the physical Definitive Map in person. Give them specific information about the path such as grid references and nearby road names. Online maps are rarely the legal record, but they can provide vital information about what is or isn’t recorded.Ĭall or email the rights of way department at your local authority. Search online for the name of the local authority and “Definitive map” or “rights of way map”. Most local authorities have interactive maps of public rights of way on their websites. Therefore, it is vitally important that unrecorded paths are claimed by the public and added to the Definitive Map so that they get the protection to which they are legally entitled to.īefore you try to claim a public right of way, be sure you know what status (if any) it holds now. Unrecorded paths are also vulnerable to development. Where public paths aren’t recorded, the local authority is unlikely to resolve problems like locked gates or intimidating signs. Plus, the Ramblers Don’t Lose Your Way campaign identified over 49,000 miles of paths in England and Wales that aren’t recorded on the Definitive Maps. New paths may not yet have been recorded. If a path isn’t recorded on the Definitive Map and Statement, it doesn’t mean that the path isn’t legally a public right of way. They are recorded on legal documents held by the local authority called the Definitive Map and Statement. Public rights of way such as footpaths, bridleways and byways are highways under the law. Find information about access rights in Scotland. ![]() Advice relevant to England and Wales only.
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