Footpath registration/ROW

[True North]

Hi

Am I right in thinking there is a registration deadline looking for footpaths? We register them or risk someone making one up as they please through the land?

Have many of you done this or not bothered? I cannot for the life of me find the original website that I cam across on it - any direction appreciated.

We have 3 footpaths, one of which has been blocked by (not by us) so we are using this as a time to seize the moment and get it cleared.

 

[Johnnyboxer]

2026

 

[Nearly]

Support us

Whether you join as a member, donate, volunteer or campaign with us, you’ll help protect Britain’s paths, tracks and trails.

www.ramblers.org.uk

they're out to get us all.

 

[lim x]

Support us

Whether you join as a member, donate, volunteer or campaign with us, you’ll help protect Britain’s paths, tracks and trails.

www.ramblers.org.uk

they're out to get us all.

Also British horse society for bridleways and I think I read somewhere one for cyclists too!

 

[renewablejohn]

Also British horse society for bridleways and I think I read somewhere one for cyclists too!

I am in a battle at the moment with horsey types wanting to upgrade from footpath to bridalway. Trouble is it was never created just as a footpath but was part of an Enclosure Act road and should originally have been registered as a restricted byway. If they get there way it will be downgraded to a bridalway and we could lose our access rights. Many rights have already been lost by a previous act which very few realise but the next deadline which I thought was before 2026 will make them lost rights permanent so well worthwhile checking especially if you have "Occupation" rights that are not recorded on the definitive map.

 

[Ncap]

If that's the way the bride wants to go, why not let her?

 

[True North]

I am in a battle at the moment with horsey types wanting to upgrade from footpath to bridalway. Trouble is it was never created just as a footpath but was part of an Enclosure Act road and should originally have been registered as a restricted byway. If they get there way it will be downgraded to a bridalway and we could lose our access rights. Many rights have already been lost by a previous act which very few realise but the next deadline which I thought was before 2026 will make them lost rights permanent so well worthwhile checking especially if you have "Occupation" rights that are not recorded on the definitive map.

I have a copy of the definitive map, im just not sure what I need to do really. Submit documents that highlight the existing footpaths and bridleways on the land?

 

[True North]

Also British horse society for bridleways and I think I read somewhere one for cyclists too!

Thank you, that was it. Knew i'd seen it somewhere.

 

[True North]

Support us

Whether you join as a member, donate, volunteer or campaign with us, you’ll help protect Britain’s paths, tracks and trails.

www.ramblers.org.uk

they're out to get us all.

Ha!

 

[holwellcourtfarm]

Thank you, that was it. Knew i'd seen it somewhere.

Contact your county council to submit a "Landowner Declaration" under Section 31(6) of the Highways Act 1980, it's not hard to do one. You submit a declaration and accompanying map showing all rights of way you agree exist on your land and refusing any other claim to one. It's then publicised giving folk a chance to object (with documentary proof to contradict you). Once accepted it cuts off any further attempt to create a right of way for 20 years (after which you renew it).

 

[True North]

Contact your county council to submit a "Landowner Declaration" under Section 31(6) of the Highways Act 1980, it's not hard to do one. You submit a declaration and accompanying map showing all rights of way you agree exist on your land and refusing any other claim to one. It's then publicised giving folk a chance to object (with documentary proof to contradict you). Once accepted it cuts off any further attempt to create a right of way for 20 years (after which you renew it).

Thanks, this is what I needed. Will do this!

 

[DairyGrazing]

Is there a gov/council website where you can see if people are trying to apply to formalise footpaths?

Don't want to get done over.

 

[holwellcourtfarm]

Is there a gov/council website where you can see if people are trying to apply to formalise footpaths?

Don't want to get done over.

Don't think so. Having said that if such an application is made their first action should be to notify the land owner (not tenant) giving them the chance to object and give justification.

 

[flowerpot]

I am in a battle at the moment with horsey types wanting to upgrade from footpath to bridalway. Trouble is it was never created just as a footpath but was part of an Enclosure Act road and should originally have been registered as a restricted byway. If they get there way it will be downgraded to a bridalway and we could lose our access rights. Many rights have already been lost by a previous act which very few realise but the next deadline which I thought was before 2026 will make them lost rights permanent so well worthwhile checking especially if you have "Occupation" rights that are not recorded on the definitive map.

Have you explained this to the people making the application and County Council. I can't think of anyone wanting to downgrade a restricted byway. Plus, wouldn't you have a right to use it anyway to access your land?

I remember a recent case where there was a Byway that was being trashed by the 4x4 club so there was an application to make it into a Restricted Byway. All the locals were up in arms, until someone explained to them that it would mean that horses and even carriage drivers could still use it, but not motorised vehicles like land rovers.

 

[flowerpot]

2026 is the cut off date for new rights of way being added to the Definitive Map. Anything not on the map (or the subject of an application recorded by the County Council) will not exist. You can look at the Definitive Map in the local council office, and councils would have this on their website. Although not the legal copy, it is kept pretty much up to date. Parish by parish you can see all footpaths, bridlepaths, byways, etc.

So The Ramblers and British Horse Society are looking into sending applications to their local council to ensure that all rights of way are correctly recorded (although most councils would say they probably 20 years worth of applications to go through!). These applications MUST fulfill certain criteria with good evidence to back up the claim or they will be rejected without going through the legal process.

In 1949 there was a nationwide recording of rights of way. This was shortly after the war, of course, and many rights of way were incorrectly recorded, depending upon who did it in some cases! Therefore if you look on any map it appears that some parishes have many rights of way and other parishes hardly any at all, especially for bridlepaths.
Often they will change status at a parish boundary. These are the sort of things being looked at, and the researchers are looking at old maps and taxation records (if there is a public road crossing land this would have meant a reduction in tax) and also recording useage over 20 years. As the judge famously said in a judgement "once a road, always a road."

 

[Johnnyboxer]

Have you explained this to the people making the application and County Council. I can't think of anyone wanting to downgrade a restricted byway.

Plus, wouldn't you have a right to use it anyway to access your land?

Any restriction, would exempt any landowners/tenants, needing access to land adjacent to the RB (Restricted Byway) with vehicles

 

[TL100]

Contact your county council to submit a "Landowner Declaration" under Section 31(6) of the Highways Act 1980, it's not hard to do one. You submit a declaration and accompanying map showing all rights of way you agree exist on your land and refusing any other claim to one. It's then publicised giving folk a chance to object (with documentary proof to contradict you). Once accepted it cuts off any further attempt to create a right of way for 20 years (after which you renew it).

Does a landowner have any grounds to object to a historic path on an old map being opened up?
I believe the 2026 deadline hasn't been enacted in Wales but the ramblers have already been busy identifying the old paths.

 

[Lili]

Section 31 with your local council as above . An "historic path" will not be on the councils definitive map which you should be able to check online.

 

[holwellcourtfarm]

Does a landowner have any grounds to object to a historic path on an old map being opened up?
I believe the 2026 deadline hasn't been enacted in Wales but the ramblers have already been busy identifying the old paths.

Can you prove its not been in regular use? If so you'd have a reasonable case I would think.

 

[TL100]

Can you prove its not been in regular use? If so you'd have a reasonable case I would think.

Thanks. The Ramblers website has marked several old footpaths on the farm from the OS Six Inch 1888 - 1913 map. None of those footpaths have been used since the 1940s when we started farming here.
I assume the local ramblers will get interested once the Sec 31 process begins so need to be confident the old paths won't get put on the definitive map.