Public rights of way: Know YOUR rights

Can a PROW be claimed?

• Any member of the public is entitled to contact the relevant local authority where a recorded PROW is not accessible. Alternatively, if they believe a PROW exists but is not yet recorded, they can apply to have it added to the Definitive Map and Statement. In both situations the landowner should be consulted.
• The applicant’s claim will be assessed in line with the underlying legal principle of 'once a highway, always a highway’. A landowner’s awareness, or lack of, is irrelevant. If a PROW is proven to exist on the land, it must be maintained and left open to the public.

Impact on the landowner

Mr Rees said: “This process can leave landowners perplexed and frustrated. How can a member of the public claim that a footpath runs through your land when the alleged access point is an overgrown hedge, there is no visible path on the ground, and no one has ever knocked on your door asking to pass through your garden?

“Alternatively, the applicant may claim to have passed through a distant field on your farm for their entire lifetime without permission and so now wants it confirmed as a bridleway. You may not have been aware of this use, but surely you can object to it now?

"These feelings are often amplified where reinstatement of the PROW would have a dramatic impact on the land. Why should you suddenly have to give up the privacy of your garden, open an entire field to horse riders, or even knock down a garage that was built on an alleged footpath by your predecessor?”

Responding to an application: Top tips

1. Focus on the question at hand when faced with an application, does the PROW exist in law? Keep the underlying principle in mind: ’once a highway, always a highway’.

2. Start with the Definitive Map and Statement. A PROW that is recorded will have to be reinstated even if it cannot be seen on the ground today. Inconvenience and cost to you is largely irrelevant.

3. If the PROW is not yet recorded, assess the applicant’s evidence. Does it show continued use of the alleged route for more than 20 years? Is there anything you can say or show that contradicts this claim?

4. Consider the risks of objecting without strong evidence. A contested application can progress through several stages of consideration and may require a public inquiry. It can be an expensive process that still results in the PROW being confirmed.

5. Act in your best interests and compromise where necessary. If an application has merit, considering acknowledging this and asking the local authority whether you can explore diverting the route. A diverted route must satisfy different legal requirements but could leave you with a far less intrusive and expensive PROW through your land.

Long-term impact

Mr Rees added: “Applications claiming PROW can shock and anger landowners. This is entirely understandable given the potential impact on their property and lives.

“It is imperative, however, that the application is assessed from the proper legal standpoint so that the landowner’s best interests are protected.

"If a PROW has to be reinstated, early recognition may enable the landowner to negotiate a far more palatable, diverted route at a relatively low cost and long-term impact.”