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How many walkers are aware of the threat to Rights of Way arising from the Countryside and Rights of Way Act 2000?

This set a deadline of 1 January 2026, after which it will not be possible to apply for footpaths and bridleways, or higher rights, to be added to the definitive map on the basis of historical documentary evidence (historical is classed as pre-1949). The introduction of the cut-off date is aimed at bringing clarity for landowners and users of the countryside about what rights actually exist. Further information is contained on the Government website:

http://www.countryside.gov.uk/LAR/Access/DLW/index.asp

All very well but nationally there will be many Rights of Way which are not clearly defined on any maps, even though they could have waymarkers, and are in danger of disappearing.

The Government has established The Discovering Lost Ways (DLW) project to identify Rights of Way at risk but the Government's track record on projects suggests that it will need some "help"!

If you think there is a route at risk and want to assemble the documentary evidence to protect it then the message is very much to get your claim in and NOT wait for the Discovering Lost Ways Project to be set up and pick up your claim, as there could be some time to go before the project is fully set up.

The Ramblers Association have a section on the subjest at:

http://www.ramblers.org.uk/footpaths/misc/cutoffdate.html

Their section at:

http://www.ramblers.org.uk/footpaths/action/claimindex.html

deals with the general matter of claiming Rights of Way in use for 20 years or more but it is not absolutely clear if this will fit the bill for the cut-off date. Presumably if the claim process identifies a Right of Way under existing rules then it will appear on the definitive maps and be protected.

An organisation has been set up to mitigate the risks and a visit to it is recommended.

http://www.unrecordedways.org.uk/issues/basicissue.htm

The whole business seems to be in relative infancy and it perhaps early days to know where this will all go. If anyone has anything to add, please email us or start a discussion via our Guestbook.