Find and record forgotten bye-ways and footpaths that should be bridlepaths.
The 1949 Countryside Act called for a definitive map of countryside rights of way to be drawn up by parish councils. However, many rural councils were dominated by landowners who were more interested in limiting access. The 1981 Countryside Act allowed members of the public to apply to have rights of way restored and after Countryside and Rights of Way Act 2000 the Discovering Lost Ways was set up. This £15 million project, which required all “historic” rights of way to be recorded by 2026 or be lost for ever, was like much recent legislation totally impractical and DEFRA may accept a proposal from Natural England to scrap it. Read their report.

An 1813 map of the area, with todays roads superimposed in red and footpaths/bridleways in green. You will see that many of todays footpaths are in fact shown in 1813 as roads and so should be upgraded to bridleways. There is a link to the 1789 and 1813 British Library old maps of all our area on definitive Map page (like map below).

Prior to the 1949 Countryside Act, public rights of way on the Ordnance Survey Maps were shown with the same symbol - a line of black dashes. Users on the ground knew which were the bridleways and which were the footpaths, and accessed them accordingly. However, under the 1949 Act, the Parish Councils were asked to survey their areas and designate the public rights of way as either footpaths, bridleways or RUPPs (Roads used as Public Paths), and to put them on the Definitive Map, marked as such. The process was fairly lengthy, but once the status of the routes was agreed and they were put on the Definitive Map, a Modification Order was required to make any changes. It was during this process that, all over the country, many bridleways were incorrectly defined as footpaths.

The British Horse Society, unlike the Ramblers Association, was not a consulting body during this process. In consequence riders, unlike the walkers, were not alerted to what was going on. The 'rights of way' surveys were carried out by different parishes at different times and few riders became involved in them. Only the most contentious routes were ever publicised in the local press. Even if riders knew what was going on in their own areas, it is unlikely they would have known what was happening in adjacent parishes. Few routes were closed off immediately and riders continued to use them, believing them still to be bridleways. The first indication that a route had changed its status was generally when the land changed hands and the new owners, on checking the Definitive Map, started putting in gates and stiles, effectively barring them to riders.

To submit a DMMO there has to be a specific date when the right of riders to use the route is brought into question eg, locked gates, a stile or a prohibitive notice. Riders then have to be able to prove that they have used the route on horse back without let or hindrance for 20 or more years counting back from that date. This evidence is collected via User Evidence Forms. It can also be backed up with historical evidence such as Inclosure Awards, First Edition Ordnance Survey Maps, Tithe Maps etc. Sometimes a claim can be made on historical evidence alone

Creation Orders Under the Highways Act 1990 the local authority can make an Order to create a new bridleway or byway if it sees a need. Similarly to DMMOs, the Order has to be advertised and time given for objections to be made. If there are unresolved objections the issue will be decided by a Public Inquiry, a Hearing or written representations. Virtually all claims for DMMOs and Creation Orders go to Public Inquiries, which by their very nature, can cause conflict between the applicants and the landowners. There is also the facility for Parish Councils to use Creation Agreements Orders but the application is slightly different to the procedures set out above.

Dedications by landowners Landowners can dedicate public rights of way on their land.

Permissive Routes Permissive routes are a welcome addition to the bridleway network and can provide links to form circular rides. However, they can be withdrawn at any time, for no reason - particularly if the land changes hand. There should never be any exchange of public rights of way for permissive facilities, however poor the existing public paths may be. Either the proposed new route should be granted public status or the old route should remain on the definitive map. The British Horse Society recommends that any track offered as a permissive route should be thoroughly investigated first to see whether it could be the subject of a claim to add it to the Definitive Map as a public right of way.

Paid for Routes These provide an opportunity for farmers and landowners to utilise part of their land to provide linear tracks and are welcome as an addition to the bridleway network. However, if these tracks have been used in the past by riders the routes should be investigated to see if they could be the subject of a claim to add them to the Definitive Map as a public right of way. Further, paid for routes should not allow the local authority to shelve its obligations to ensure a comprehensive system of public rights of way.