Working in partnership for the people of Herefordshire
Amey Herefordshire
Unit 3
Thorn Business Park
Rotherwas Industrial Estate
Hereford
HR2 6JT
Office Tel No: 01432 261800
Email: streets@herefordshire.gov.uk
Extracts of the Definitive Map are charged at £25.00 + VAT. (Cheques made payable to Amey LG Ltd.)
Definitive Map and Statements
The National Parks and Access to the Countryside Act 1949 required
every county council in England and Wales to survey their area and
publish a Definitive Map and Statement of public rights of way. The
Definitive Map and Statement is the conclusive legal record of the
public rights of way in the County. This means that if a
route is shown on the Definitive Map and Statement, it is
conclusive proof that that route is a public right of way which the
public are entitled to use. The Definitive Map shows the
position and status of each public right of way, whilst the
accompanying statement is a list describing their location and may
include additional information on widths and whether there are any
gates or stiles across a route. The Council has a legal duty
to keep all of the public rights of way shown in the Definitive Map
and Statement open and available for the public to use. Under
the Wildlife and Countryside Act 1981, councils are required to
keep their Definitive Maps and Statements under continuous review
to incorporate changes made through legal orders such as diversions
and modifications. The information on the Definitive Map is used by
Ordnance Survey to show public rights of way on their maps.
However, their maps also show some non-Definitive paths, and as a
result, OS maps should not be used as a substitute for the legal
record of public rights of way.
It is advisable for land managers to be aware of any public rights of way affecting their land, and they should refer to the Definitive Map and Statement for this information. Similarly, anyone interested in purchasing land should also check whether any public rights of way affect the land they intend to purchase.
Definitive map
How the Definitive Map and Statement can be amended
As already mentioned, the Definitive Map and Statement is the conclusive legal record of public rights of way in the County. Because of this, changes can only be made by means of a Definitive Map Modification Order - this is a legal order, made under the Wildlife and Countryside Act 1981, which must be publicised and confirmed before it can take effect.
DMMorders
Definitive Map Modification Orders
Modification orders can be used to legally record existing
public rights of way which are not shown on the Definitive Map
or to delete a route from the Definitive Map where evidence
proves that it does not exist. They can also be used to
correct the status of a route (from footpath to bridleway, for
example) or to record specific details such as the legal width
of a route. Anyone can apply for a Definitive Map
Modification Order, and provided they supply sufficient
evidence to support their application, the Council has a legal
duty to investigate it and decide whether it must make a
Modification Order.
For further information on
Modification Order applications please call 01432 261800
and ask to speak to a Definitive Map Modification
Officer.
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DMMO register
Protection for landowners to prevent Public Rights of Way claims on their land
Section 31(6) Deposits
A new public right of way (PROW) such as footpath or bridleway
can be created by 20 years of uninterrupted use. Section 31(6)
of the Highways Act 1980 enables Landowners to protect
themselves against a claim that a right of way has been
established by such use by depositing with the Council a map,
statement and statutory declaration showing which public rights
of way they recognise over their land, if any. From the date of
the deposit it will not then be possible to establish any
additional rights of way over the land by usage. The
deposit will need to be renewed every ten years.
However, it will still be possible for a right of way to be
claimed if there is sufficient evidence of continuous and
uninterrupted use prior to the date of the deposit, or if
sufficient historical evidence is discovered which shows that a
public right already exists. In either of these instances
an application can be made for a Definitive Map Modification
Order to record the way in the Definitive Map and Statement.
Section 31(6) Deposits Register
A list of Section 31(6) deposits held by Herefordshire Council is being developed and will be available soon.