The Definitive Map provides conclusive evidence of the legal existence of a path. However the reverse is not true. The fact that a right of way is not recorded on the map, is not evidence that there is no right of way along a route.
Whilst every care was taken during the initial survey of the definitive map to ensure that all routes were accurately surveyed, it is possible that some routes on the definitive map may be incorrectly recorded.
A route could have been;
- Included in error,
- Shown as the incorrect status,
- The alignment may be incorrect,
- Omitted altogether,
- Or, public rights could have become established since the publication of the Definitive map as a result of '20 years uninterrupted use' by the public.
In such circumstances it is possible to change the definitive map and statement. However, since the map is deemed to provide conclusive proof as to the existence of a route, compelling evidence will be required in support of a claim.
Changing the Definitive Map and Statement
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