A wonderful festive gift: the deadline to register lost rights of way has gone!
This is delightful news – indeed many paths will be hundreds and hundreds of years old so the deadline was always going to be a heritage destroying policy. It was introduced under Blair who did some fantastic work implementing right to roam and sorting out the ‘Roads used as Public Paths [RUPP]’ issues. Originally set to 2026, it has been continually paused and pushed eventually settling on 2031 during the last Conservative government.
Naturally, I am opposed to such a deadline given it will destroy many routes which are currently unclaimed. But specifically, why is it unworkable?
- The map is very incomplete with roads shows as footpaths. As ridiculous as it sounds a number of tarmacked roads in the countryside are only listed as footpaths or bridleways (not byways which they clearly are). Indeed, Tannington (Suffolk) has a ridiculous case with a tarmacked road running at the parish boundary. Tannington claimed it as a bridleway. Dennington, the neighbouring village, claimed it as a footpath. It is a road and always has been… This illustrated how incomplete our registered maps are and many routes are not properly registered. Imagine, if the deadline was still in place the farmer could legally tear up the publicly funded tarmacked public road given it is not registered as such.
- Rights of Way is part of our heritage which we should protect. England and Wales have always been densely populated. Rights of way have been developed over many hundreds of years to cater to use as to subsite for the loss of byways. Much of our common land was enclosed during the 1500s onwards given to local landowners for minimal costs. As part of this deal, to substitute for the loss of common land rights of way were substituted to ensure locals didn’t suffer to significant disruption. Nonetheless, our rights must be honoured. If we don’t have common land any more, we must demand our right of way legally given to us when the land was originally enclosed.
- A deadline is simply unworkable. English law is unusual and rights of way are deeply integrated into it. ‘Once a right of way – always a right of way’ – one cannot extinguish a right of way without a legal act. This means even if a path is currently not registered on the definitive map it still as much of a right of way as the footpaths registered on the map. As a result, implementing a deadline will mean every right of way which is unregistered will still be a right of way just unidentified. If you request to register a right of way, however, local councils will be obligated to accept the application, make sure it is a right of way, then undertaking a stopping up order to destroy the right of way in the case it is accepted. This is plainly ridiculous and, in all practicality, unworkable.
Overall, it is wonderful news the 2031 rights of way registration deadline has been scrapped. It is unworkable and ridiculous so it is fantastic to see reason from the government. Nonetheless, we must all work together to claim as many routes as possible to ensure a healthy, strong and useful path network.