Foot path erasure.

[TeeDee]

For legal reasons I'm currently looking at the legal searches and deeds of my property.
It shows the plan of the local area and I've noticed that on the Title deed there is the marking of a Foot path but I know from my local walks it physically isn't signed and neither is there an obvious place where it potentially could exist.

I've checked the useful Footpath database but its not listed there either.

UK footpaths, bridleways and byways online map | FootPathMap.co.uk

Discover new walks near you with online footpaths, bridleways and byways

footpathmap.co.uk

So how does a Foot Path get removed from general use? Can a landowner apply for it to be removed?

I'm just interested in the process rather than a personal crusade to have it reinstated.

 

[Mesquite]

Looks like you apply to your County council to remove a prow.

Here's the guidelines for doing it with Wocestershire. I'd have thought the process was fairly similar with other councils

 

[swyn]

Modern folk forget that a lot of paths were for locals to get to church or to work. These paths mainly ran between local farms.
In my yoof a number were wiped from all maps drawn after the 1885 datum. These paths ran right through farm yards as workers used them to get to work on the farm if they were itinerant but the thoroughfare wasn’t always so being the end or beginning of said trail in the farm yard.
A good mumber of ‘bridleways’ mainly existed for the local stallion to be led or ridden along to visit and service the farm mares if the farm hadn’t a stallion of their own.
This is up on The Chilterns and may be different in other parts of England.
S

 

[Broch]

As swyn implies, many footpaths have never been public rights of way; the old maps showed any path that was used even if the user owned all the property that the path traversed. Even now there are paths shown on maps (usually a black dotted line) that are not public rights of way. A landowner does not have to apply to close a path that is not a PROW - it just stops getting used and grows over.

The only way of knowing if a path should still be open and has a public right of way is to study the definitive map - many authorities now have those in a digital format to be viewed (sadly, not Powys, I have to physically go to the offices an hour's drive away and study a tatty paper map).

You would have an uphill battle to make a path a public right of way if it never was one.

 

[Wander]

What everyone has said above.
A footpath is not necessarily a public right of way.
And it is the responsibility of the local authority to upkeep a public right of way, not the landowner. If it's not a public right of way, just a footpath that crosses some land, the landowner is not under any responsibility for its upkeep.
You may be too late.
A couple of years ago the Ramblers had a push to raise awareness on this matter, and there's still time to join the campaign. Local authorities were threatening to remove signs for public rights of way that were unused, so the Ramblers were urging people to use them to stop them being closed:

Don’t Lose Your Way – Saving lost paths

We have searched England and Wales and found over 49,000 miles of paths that could be lost forever. Time is running out to save them for future generations.

www.ramblers.org.uk

 

[TeeDee]

I'm just interested in the process rather than a personal crusade to have it reinstated.

 

[John Fenna]

When I was writing my magazine articles and books on walking and cycling in Pembrokeshire and Carmarthenshire I obtained copies of the definitive maps from the relevant Highways departments at the Council offices - very helpful they were too, especially in removing blockages on paths I wanted to include in my writings

 

[TLM]

obtained copies of the definitive maps

Scratching my head: does the "definitive" imply it is official?

 

[John Fenna]

Yes - these are the map that define where people have a legal right to go ... as much right as they have on any highway!

 

[Broch]

They define what rights you have - public footpath, bridleway, & vehicular rights of way. It's not just paths but all rights of way.

 

[TLM]

OK thanks, now next question is more difficult, why doesn't somebody collect all those in a single atlas of GB?

 

[nigelp]

OK thanks, now next question is more difficult, why doesn't somebody collect all those in a single atlas of GB?

They are usually marked on Ordnance Survey maps but each local authority holds the ‘definitive map’ and details. I’d say about 80/90% of the ones on OS maps are correct. One of the misunderstandings with public rights of way is that the green marks on the map only show a right of access and may not actually have a path or track on the ground to walk on.

 

[Broch]

OK thanks, now next question is more difficult, why doesn't somebody collect all those in a single atlas of GB?

Well, arguably, the Ordnance Survey has. The 1:50K and 1:25K maps show all public rights of way. But, they change locally (local authorities are responsible) and the OS is not the legal authority so you have to check the 'definitive' map held by the authority.

Organisations such as GLASS have databases that are kept up to date for 4x4 legal access but you have to be a member to use it.

If all authorities put the maps on line digitally there wouldn't be a problem. But, all local authorities are strapped for cash and schools and hospitals are, understandably, higher priority.

Edit - sorry, cross post with our own navigation 'authority'

 

[TLM]

So OS maps is the way to go? Are there any false ones or is just that some correct ones are unmarked?

 

[Winnet]

And Scotland has a different system regarding right of ways.
G

Sent from my SM-G973F using Tapatalk

 

[Broch]

So OS maps is the way to go? Are there any false ones or is just that some correct ones are unmarked?

For general walking, cycling, and even some 4x4 use, but if you want to be 100% sure of your access rights you need to check against the DM.

I've used the definitive map to prove there is no vehicular right of way through our garden

 

[TLM]

How did a right of access develop without a track? Historical curiosity?

 

[Broch]

How did a right of access develop without a track? Historical curiosity?

Well, that's an argument that many landowners use - the paths weren't there as rights of way as such but just to get people to and from their jobs on the land. Some became rights of way because of 'custom and practice' use - especially to and from churches and chapels.

Some 'tracks' over private land, for moving livestock to market for example, had tolls on them. Various access laws have removed most of them though.

Nigel will have better knowledge of when and how all these 'tracks' were turned into rights of way and the legal issues involved.

 

[TLM]

Ok so one just has to keep moving cows back and forth to keep the rights current.

I can see that the system has produced more than a few curiosities.

In the past I have walked a few times in England wondering whether I am trespassing or not. I'll use the OS maps in the future and leave the finer points.

 

[nigelp]

I believe the rights of way

Ok so one just has to keep moving cows back and forth to keep the rights current.

I can see that the system has produced more than a few curiosities.

In the past I have walked a few times in England wondering whether I am trespassing or not. I'll use the OS maps in the future and leave the finer points.

As long as people use the right of access at least annually they have to stay ‘open’.

If you stay on the green rights of of way as marked on an OS map you will be fine.

Public Rights of Way | OS GetOutside

Did you know, we show over 220,000 km of public rights of way on our maps? Approximately 170,000 km of these are footpaths and 40,000 km are bridleways. Over 4,600 km are National Trails and 30,900 km are recreational routes!

getoutside.ordnancesurvey.co.uk

Historically rights of way might have come about during the various enclosure acts and as Broch said as a means for people to cross private land to get to work, markets and also church.