If you’ve discovered a new path or an existing path that’s been lost, it’s important to follow the correct legal procedure to ensure that the path is registered as a public right of way. In this blog post, we’ll outline the process for registering a new or lost right of way in the UK. We will also discuss the legal status of public rights of way and how to find unused paths.
How long before an unlisted footpath becomes a right of way?
To be classed as a public right of way, a footpath must have been used by the public for 20 years without interruption. This is known as the ‘20 year rule’. If you believe that a path meets this criterion, you can apply to the local authority to have the path registered as a public right of way.
The local authority will then investigate to determine whether the path meets the criteria for registration. This will involve looking at historic maps, surveying users, and other evidence to establish whether the path has been in continuous use for 20 years. If the local authority is satisfied that the path meets the criteria, it will register the path as a public right of way.
It is also possible to register a path as a public right of way if it has been used for less than 20 years, but there is evidence that it was intended to be a public right of way from the outset.
How do I check if a right of way already exists?
Before you apply to register a new right of way, you should check to see if the path has already been registered. You can do this by searching online maps on your local authority website. If the path is not shown on the map, it may still be a public right of way but it will not have been formally registered.
You can also check to see if the path has been recorded in the Highway Authority’s Rights of Way Improvement Plan. This is a document that sets out the authority’s plans for maintaining and improving public rights of way in their area.
If you are still unsure whether the path is a public right of way, you can contact the local authority for advice.
How do I register a right of way?
If you have found a path that you believe is a public right of way but is not shown on the map, you can apply to have it registered. To do this, you will need to complete a form and submit it to the local authority, along with any supporting evidence. The local authority will then carry out an investigation and decide whether or not to register the path as a public right of way.
What are valid types of supporting evidence?
Several types of evidence can be used to support an application for the registration of a new or lost right of way. This includes historic maps and aerial photographs.
It is also possible to use oral testimony from people who have used the path in the past. However, this type of evidence is less reliable and is less likely to be accepted by the local authority.
Who can register a right of way?
Anyone can apply to register a new or lost right of way. However, it is important to note that the local authority has the final say on whether or not a path will be registered as a public right of way.
What is the difference between a path and a public footpath?
A path is simply a route that can be used by pedestrians, cyclists, or horse riders. A public footpath is a type of path that has been specifically designated as a right of way. This means that the public has a legal right to use the path for travel, with some limitations (such as the mode of transport that may be used).
Conclusion
Public rights of way are an important part of the UK’s transport network. They provide pedestrians, cyclists, and horse riders with access to a wide range of routes across the country. If you believe that a path meets the criteria for registration as a public right of way, you can apply to have it registered with the local authority.