The Countryside Rights of Way Act 2000 (CROW) states that from 1 January 2026 all public rights of way which were created prior to 1949 and are not shown on a definitive map will be extinguished. The aim is to bring certainty to landowners and members of the public about what rights actually exist over a particular landholding.
Definitive maps are a legal record of footpaths, bridleways, public paths and byways. They have been drawn up, and are maintained, by the appropriate surveying authority, usually the county council, and can be inspected free of charge at their offices.
In an effort to ensure that no existing rights are lost, the Countryside Agency has set up a programme called Discovering Lost Ways. This aims to ensure that any rights of way not currently shown on any definitive map will be saved. This will be done by gathering evidence from documents held in more than 100 national and local archive offices and, where sufficient evidence exists, making an application to the relevant authority to have the definitive map altered.
Private Rights of Access
The case of CDC2020 plc v Ferreira, [2005] EWCA Civ 611; [2005] 35 EG 112 demonstrates the way in which private rights of access are protected, even when they appear to be no longer in use.
Facts
In Ferreira, the claimant had the benefit of an easement over neighbouring land in order to access three garages that existed when the right was granted in 1959.
The garages were demolished several years later and replaced by ramps giving access to a car park situated on another part of the property. The original right of access was not used. In 2002 the claimant acquired the land, demolished the ramps and rebuilt the garages. The question for the court was whether the right of access was still valid, even though it had not been used for over 35 years.
Decision
The Court of Appeal decided that the right of access was still effective. It was held that for the right to be abandoned there had to have been a firm and clear intention on the part of the owner that neither he nor his successors in title should ever exercise the right again.
Comment
Ferreira demonstrates that there is a particularly high threshold to overcome in claiming that a right of way has been abandoned. It is assumed that owners of property do not normally wish to divest themselves of property rights even if they have no present use for them. In this case, although the works that might have been considered to extinguish the right were substantial, an intention to permanently abandon the right had not been shown.
Maria Connolly is an associate in the real estate group at TLT Solicitors
The Countryside Rights of Way Act 2000 (CROW) states that from 1 January 2026 all public rights of way which were created prior to 1949 and are not shown on a definitive map will be extinguished. The aim is to bring certainty to landowners and members of the public about what rights actually exist over a particular landholding.
Definitive maps are a legal record of footpaths, bridleways, public paths and byways. They have been drawn up, and are maintained, by the appropriate surveying authority, usually the county council, and can be inspected free of charge at their offices.
In an effort to ensure that no existing rights are lost, the Countryside Agency has set up a programme called Discovering Lost Ways. This aims to ensure that any rights of way not currently shown on any definitive map will be saved. This will be done by gathering evidence from documents held in more than 100 national and local archive offices and, where sufficient evidence exists, making an application to the relevant authority to have the definitive map altered.
Private Rights of Access
The case of CDC2020 plc v Ferreira, [2005] EWCA Civ 611; [2005] 35 EG 112 demonstrates the way in which private rights of access are protected, even when they appear to be no longer in use.
Facts
In Ferreira, the claimant had the benefit of an easement over neighbouring land in order to access three garages that existed when the right was granted in 1959.
The garages were demolished several years later and replaced by ramps giving access to a car park situated on another part of the property. The original right of access was not used. In 2002 the claimant acquired the land, demolished the ramps and rebuilt the garages. The question for the court was whether the right of access was still valid, even though it had not been used for over 35 years.
Decision
The Court of Appeal decided that the right of access was still effective. It was held that for the right to be abandoned there had to have been a firm and clear intention on the part of the owner that neither he nor his successors in title should ever exercise the right again.
Comment
Ferreira demonstrates that there is a particularly high threshold to overcome in claiming that a right of way has been abandoned. It is assumed that owners of property do not normally wish to divest themselves of property rights even if they have no present use for them. In this case, although the works that might have been considered to extinguish the right were substantial, an intention to permanently abandon the right had not been shown.
Maria Connolly is an associate in the real estate group at TLT Solicitors
