Changing The Map & Statement

There are often cases where paths not recorded on the definitive map actually exist on the ground, and have been used and enjoyed by the public for a considerable time, in the belief that public rights exist. If a route has been used for an uninterrupted period of 20 years or more, the way could be deemed to have been dedicated by the landowner. In such instances there may be justification for the route to be added to the definitive map.

Alternatively dedication can be presumed from evidence in historical documents. Evidence may be contained in tithe maps, inclosure awards or other historical documents.

Even if the path has not been used for many years, the rights still exist unless there has been a subsequent, legally authorised change.

There are procedures by which allegations that the definitive map does not record the correct information can be considered. They allow a highway authority to make a definitive map modification order to amend the rights recorded on the definitive map and statement.

Definitive map modification orders are solely concerned about whether rights exist, and not about whether they should be created or taken away.

The Stages of a Definitive Map Modification Order

Current Definitive Map Modification Orders

Preventing a route being added to the definitive map and statement