On December 26, 2024, the government quietly announced the repeal of the 2031 deadline for recording historic rights of way, leaving landowners with a host of practical concerns. With this change, there is no longer a fixed timeframe for local authorities to determine whether a path should be included in the definitive map of public rights of way.
On 26 December 2024, while many of us were still recovering from Christmas dinner, the government quietly announced its decision to repeal the 2031 deadline for recording historic rights of way. While this may have been a boxing day gift for some, for landowners, it raises a number of practical concerns.
To backtrack, Historic rights of way are public paths which may have existed for hundreds of years. England is covered with miles of these unrecorded rights of way, used by walkers, cyclists and riders. These are paths that could be recorded and are not.
The previous Conservative government had extended the cut-off date for registering historic paths from 2026 to 2031. The Labour government’s repeal of the deadline means that there is no time limit for local authorities (LAs) to determine whether a path meets the criteria for inclusion on the definitive map—the official legal record of public rights of way, first established by the Attlee government 75 years ago. Once a route is on this map, it is legally protected, and the LA (alongside the relevant landowner) is accountable for its maintenance.
So, what does the scrap mean for landowners? Well, the process of recording historic rights of way is, quite simply, very complicated. It requires extensive research into historical records and user evidence which in itself often leads to disputes. The scrap of the deadline gives ramblers and other users more time to gather evidence to make their applications. With no fixed timeframe for resolving disputes, landowners now face prolonged uncertainty.
Many councils are already struggling with budget constraints and significant backlogs in processing Definitive Map Modification Order (DMMO) applications. While the Deregulation Act 2015 was intended to streamline this process, its implementation has been slow and largely ineffective. Without a deadline, councils are unlikely to prioritise these applications, potentially leaving landowners in an indefinite limbo.
For hikers and other campaigners, the repeal is a victory, protecting their right to bring applications indefinitely. For farmers, unresolved rights of way act as a persistent frustration by disturbing farming operations and blurring the lines regarding liability and privacy. The National Farmers’ Union (NFU) have said the scrap will “disrupt many farm businesses for years to come”.
Although the scrap causes uncertainty, there are practical, if inconvenient, steps landowners can take to mitigate these issues. Landowners might consider negotiated solutions such as public paths creation agreements, which formalise routes in a way that balances public access with private interests.
Landowners can also protect their land from future public rights of way claims under s31(6) of the Highways Act 1980. By depositing a statement and map to the relevant County Council which 1) identifies the extent of their land 2) acknowledges which routes they accept as highways, they may prevent new public rights of way from being claimed through long-term use.
While the government’s decision extends the time available for recording rights of way-undoubtedly a win for walkers, cyclists and riders -it does nothing to address landowner concerns.
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This article is for general information only and does not constitute legal or professional advice. Please note the law may have changed since this article was published. We do not accept responsibility or liability for any actions taken based on the information in this article.
