Rights of Way Map

Definitive maps and statements are an important record of public rights of way. They provide conclusive evidence, at the relevant date of the map, of the existence and status of the public rights of way that are shown on them.

The definitive map shows the location and status of public rights of way.

The statement gives a brief description of the route, which may include an awarded width.  

The definitive map and statement were originally compiled under the National Parks and Access to the Countryside Act 1949. Under this Act, parish and town councils submitted maps and surveys sheets showing all the public rights of way that they believed existed in their parish.

The inclusion of a public right of way on the map and statement is conclusive evidence of its existence. However, if a route is not recorded, this does not necessarily mean it does not exist. A Definitive Map Modification Order is a procedure that can be used to record previously unrecorded routes on the map and statement.

Many of the applications made to the highway authorities for definitive map modification orders relate to claims based solely on use by the public without interruption for a period of 20 years or more.

Section 31 (6) of the Highways Act 1980 enables landowners to protect themselves against claims based solely on use, by depositing a map, statement and statutory declaration with the highway authority showing which rights of way they acknowledge over their land. The deposit of the map does not establish that the rights of way shown on it were the only ones then in existence, nor does the subsequent deposit of statutory declarations affect any rights which existed then, but were not shown on the map.

Once a highway comes into existence it remains a highway indefinitely and can only be brought to an end by a formal legal procedure. A right of way may not be visible on the ground because it has not been used for many years, but that does not alter its legal status. It cannot be lost by non-use alone.  

There are procedures whereby a public right of way may be legally created, diverted or extinguished. The procedures for diverting or extinguishing a public right of way require public notice of the proposed change to be placed on the path and published in the local press.   

The definitive Map and Statement is available for inspection, by appointment, at Premier House, Station Road, Swindon. Telephone from 9am - 4pm Monday to Friday (GMT) 01793 466382.

Your local parish Council may also hold a copy.