Making an application to change the Definitive Map
What is the Definitive Map?
The Definitive Map is the official record of the public’s rights of way in an area. Just like the deeds to a
house prove who the owner is, the definitive map proves that the public has a right to use the paths which
are shown on it.
Changing the Definitive Map
Anyone can apply to amend the Definitive Map if they have evidence which proves that the Map is
inaccurate or incomplete. For instance, it may not show an historic footpath that has fallen into disuse, or a
path regularly used by horse riders may be shown on the Map as a pedestrian footpath instead of a
bridleway.
Who can apply to change the Definitive Map?
An individual can apply on their own behalf, or on behalf of an organisation.
How to apply
You will need to fill out an application form which you can get from your county council or unitary authority.
You can use this website to find out which local authority you live in: https://www.gov.uk/find-your-localcouncil.
You will need to complete the necessary forms and supply evidence to support your claim.
If you are applying to change the Definitive Map you must inform every owner and occupier of affected land
about the claim, and certify to the council that this has been done. You may be able to find the landowners’
details in the Land Registry – or simply ask the local residents. If you cannot find the details you may need
to seek the local authority’s permission to post notices at each end of the disputed path.
Councils can take some time to investigate applications, but you should receive acknowledgment of your
application.
Evidence
A right of way can be claimed on the basis of:
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User evidence: the public has established a right of way by using a defined route over a period of time,
or
Documentary evidence: that the right of way has existed historically based on evidence in documents
such as old maps
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Or a combination of the two. It is often best to provide as much evidence as possible when making a
claim, so do consider whether you can supply both user evidence and documentary evidence.
User evidence
In order to make a claim for a right of way based on “user evidence”, the law requires that you’re able to
show all of the following: (section 31 of the Highways Act 1980)
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The route must have been in public use for at least 20 years. This is counted backwards either from the
date when the public’s right to use the way was called into question (for example, when somebody
locked a gate across the path) or, if the public's right to use the path hasn’t been called into question,
from the date of your application to include the path on the Definitive Map.
Use must be 'as of right', which means without secrecy, force, or the express permission of the
landowner. But there's no need for the public to have believed it was a right of way they were using, or
for the landowner to be aware that the public is using the route, provided he could be aware of it if he
chose to look
Use must be by the public at large not just, for example, certain tenants or employees of an estate.
Use must follow a linear route.
In some circumstances it may be possible to establish a right of way on the basis of use by the public over
a period less than 20 years under common law.
If you believe that a right of way has been established by public use you will need to collect evidence from
people who have used the route concerned. The council can usually supply forms to gather information on
how and when, the route was used. Witnesses should also mark the route they have used on a map, and
sign and date it.
Documentary evidence
To prove that a right of way came into existence at some time in the past you'll need to rely on
documentary evidence like old maps and Enclosure Awards, tithe awards, title deeds, statutory orders and
plans, parish council minutes, photographs, reference books and published material that refers to the route
in question. Before you start doing lots of research and hard work investigating archives, it's worth checking
with the surveying authority whether the right of way you're claiming has been extinguished by a legal
order. If a right of way has been extinguished it cannot be re-claimed using documentary evidence. .
What happens next?
A rights of way officer will usually look at the application and they will carry out any additional research that
may be necessary to find out whether the Definitive Map needs to be amended. If you wish to be consulted
on a particular claim the make sure you have given the council your contact details. The rights of way
officer will then recommend a decision to the relevant committee in the council who will have the final say
on whether to proceed with the change to the Definitive Map.
If the committee decides that the evidence you supplied does not support the application to change the
Definitive Map, you will be informed by the council and told of any right to appeal against the decision.
If the committee decides that the evidence does support your application to change the Definitive Map, you
will be told by the council that a Definitive Map modification order will be made. This notice will also be sent
to the landowners and occupiers.
Definitive Map modification order (DMMO)
The making of the order isn’t the end of the process. The council will advertise the order by notices at each
end of the disputed path and in the local press. Anyone may object to the order during the 42 days
following the advertisement.
If objections are made then the order has to be determined by an inspector appointed by the Secretary of
State or Welsh Government. Only if the inspector then decides, on the balance of probabilities, that the
existence of the path has been shown, is the order confirmed, and the definitive map amended to show the
path.
If no objections are received then the order can be confirmed and your path will be added to the Definitive
Map!