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ARTICLE · 12 NOVEMBER 2020

Rights Of Way

Rollits LLP
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Where they come from, how to keep them and how to stop them.

United KingdomReal Estate and Construction
Elspeth Duemmer Wrigley
Elspeth Duemmer Wrigley

Where they come from, how to keep them and how to stop them.

Footpaths and other rights of way have hit the news recently with The Ramblers' Association's "Don't Lose Your Way" campaign, which uncovered almost 50,000 miles of historic rights of way missing from the definitive maps in England and Wales. The organisation now hopes that many of these will be granted inclusion before January 2026 (when the opportunity to register rights of way on the basis of historic evidence is lost).

Definitive maps

The 'definitive map' is central to the rights of way system in England and Wales and provides an official record of the rights of way in an area. The map is the responsibility of the County Council/ unitary authority. New rights of way can only be added by a Definitive Map Modification Order ("DMMO"). These are granted on one of three specific grounds: a) the existence of a legal agreement or order effecting a right of way, b) establishment of the way through

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