A new cut-off date for adding unrecorded rights of way to the
Definitive Map in England has been agreed by the Government.
The original cut-off date, set for 1 January 2026, for recording
historic (pre-1949) rights of way on the map, was repealed in
February 2022.
Defra has decided to proceed with a new date of 1 January 2031
and, to some extent, this appears to be in response to concerns
raised by the CLA, which has worked extensively with civil servants
and officials to find a workable solution.
The Definitive Map is intended to record all historic rights of
way, and members of the public have long been able to apply to
update it, where they have appropriate evidence. However, the
process creates a large degree of uncertainty for landowners. An
application can arrive at any time and the historic route is often
disruptive and inconsistent with the current use of the land.
