Claimant owning land with right of way — Claimant encouraging use of farm track as alternative to existing right of way — Whether claimant’s actions giving rise to additional right of way — Claim dismissed
The claimant owned land that was crossed by a footpath and a farm track. In 1979, he applied to have the right of way over the footpath diverted onto the farm track, from which time he assumed that such a diversion had occurred. To that end, he directed users of the path onto the farm track.
Under section 31 of the Highways Act 1980, the sustained use of the farm track as a right of way gave rise to the presumption that it had been dedicated as a highway. In 2000, the local authority accordingly made an order, under section 53 of the Wildlife and Countryside Act 1981, to modify the map and statement for the area. However, it transpired that the right of way over the original footpath was still in existence, and the map and statement therefore displayed both footpaths. The inspector confirmed the order in 2002, and the claimant appealed on the ground that he had intended the track to become a right of way only if the original right of way had been extinguished.
