Relevance
The public has gained increasing awareness of rights to roam and
of access to land in recent years. In this article, Veronica Carey
highlights the risks to private landowners of new public rights
being acquired over their land through long use by the public. She
also explores some of the ways in which landowners can protect
themselves against these risks.
Pitfalls
Local authorities (in their capacity as ‘surveying
authorities' under the Wildlife and Countryside Act 1981) are
required to maintain a ‘definitive map and statement'
recording and describing public rights of way in their area. The
map is open to public inspection. The term ‘definitive'
is something of a misnomer. Buyers and developers should be aware
that the map is not conclusive evidence of all public rights of
way.