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Government to ditch cut-off date for recording historic rights of way

The Government has announced its intention to repeal the 2031 cut-off date for recording historic rights of way.

Making the announcement on 26 December, the Department for Environment, Food and Rural Affairs (DEFRA) noted that local authorities have “struggled under the burden of recording historic rights of way”, which are estimated to stretch over 40,000 miles, by the cut-off date introduced by the previous government.

Historic rights of way are public paths that are thousands of years old and are a record of people's movements over time.

However, many rights of way which are well used by walkers, cyclists and equestrians are not officially recorded or protected.

The “Definitive Map” is the legal record of public rights of way in England and Wales. Each right of way has a written description known as the definitive statement. The Definitive Map and statement are kept and updated by each county council or unitary authority. 

Under the planned changes, local authorities will now have the required time to assess whether paths meet the requirements to be added to the definitive map, DEFRA said.

Once a right of way has been established, the relevant local authority will be legally responsible for maintaining them along with the appropriate landowner. 

“This will ensure paths are maintained properly allowing more people to experience the benefits of spending time in the outdoors”, the Department noted.

Minister for Access, Baroness Hayman said: “Our countryside and green spaces are a source of great national pride, but too many people across the country are left without access to the great outdoors.

“These well-trodden routes, many of which have been in place for hundreds of years, are a part of our shared heritage and it is critical that we bring forward these measures to protect their long-term future.   

“This is only the beginning [of] our plans to increase access to our great countryside as part of a decade of national renewal. This Government will plant three new National Forests and create nine new National Rivers Walks for families to enjoy for the generations to come.”  

DEFRA revealed that the cut-off date will be repealed “when parliamentary time allows”.

Lottie Winson