Rights of Way: Restoring the Record
This book will appeal to user groups, local authority rights of way practitioners, land agents, land owners and property lawyers, as well as local historians and those interested in their part of the countryside.
Want to check historic rights on a track but don’t know where to start?
Need to find extra evidence before a public inquiry?
Worried about your first visit to an archive office?
Experienced, but just want to check which Act authorised which activities?
For each of the most commonly used documentary evidence types, this book explains where the evidence can be found, why it is of value to proving or disproving highway status, and how to set out an application for a definitive map modification order.
There are notes on the national and county archive offices and helpful hints and time saving tips on how to carry out the research.
It explains in detail how to initiate the legal process and, step by step, how to follow it through to an order being made.
It includes a long list of the Acts and Schedules which make up the legal background to current rights of way law.
Walking is probably the most popular outdoor recreational activity in the UK and the public has enjoyed a legally protected right to walk on public rights of way under regulations set out in the Countryside and Rights of Way Act 2000. The Act determined a 25-year period in which unrecorded rights of way could be registered, whereupon rights over unrecorded footpaths and bridleways will cease to exist in 2026.
'Rights of Way: Restoring the Record', offers a comprehensive guide to proving or disproving the existence of public rights of way in England and Wales and takes the reader through the procedures necessary to submit an application to establish and legally restore those rights of way. Restoring the record is not an activity for the faint-hearted novice and the complexities of the submission processes should not be underestimated. Nevertheless, the book sets out clear steps to follow in preparing an application and is well illustrated, with a guide to record offices, documents, maps and forms, taken from the authors' own successful applications. The authors have devised a star-rating system for the documentary evidence obtained to support an application for a Modification Order, which enables the lay-person to assess the strength of a case before it is presented to the relevant surveying authority.
Unfortunately, the book does not include an index to contents, necessitating careful note-taking as to useful page references. As with any guide book, it contents are accurate to the date of publication: therefore, those familiar with records at The National Archives will note that screen shots of its online catalogue are out of date and precede the launch of the online catalogue Discovery in 2013.
More than half of the 25-year period of grace has elapsed. The publication of this book is both timely and essential, in raising awareness of the issue and giving clear guidance to those motivated to protect public rights of way for future generations.
Friends of The National Archives.