Historic Footpaths

Rush to get historic public rights of way registered is underway

The Deregulation Act 2015 received royal assent on 26 March 2015. A small but an important part of the act in Schedule 7 concerns public rights of way.

On 1 January 2026 the government intends to close the definitive maps to the claim of historic paths which existed before 1949 (section 53 of the Countryside and Rights of Way Act 2000 (CROW Act)), with the aim of providing certainty to landowners about what highways and other rights exist on their land.  Earlier this year DEFRA said they may drop the 2026 deadline, but it has not introduced legislation to do it.

Organisations such as the Open Spaces Society, The Ramblers Association have long-standing campaigns to get as many pre-1949 public rights of way identified before the deadline.  In 2020 it was estimated that there was over 49,000 miles of missing footpaths and other rights of way that need to be added to the definitive maps. 

In Lincolnshire it was estimated that there could be 1,500 miles missing. Signs that there might be an historic right of way could be a footpath or bridleway coming to an end at the parish boundary, at a field boundary or when it meets a road.  The process of putting the definitive map together after 1949 relied on local parishes having records, or local memory of past routes which may have been lost (after the impact of the First and Second World Wars) and local landowners (who may have been councillors at the time) being willing to agree to put information forward to the County Councils doing the survey. Some parish councils were more willing than others.

Volunteers and local groups are checking historic maps and documents to identify the public rights of way that have not been added to Lincolnshire County Council definitive map. Parish and Town Councils may hold information and records to assist in the process to preserve historic rights of way.  Online research also makes it possible to scour maps and records that were previously hard to access.

Current public rights of way are identified on the definitive maps held by Lincolnshire County Council and may be viewed in person.  An electronic working version is available at https://www.lincolnshire.gov.uk/coast-countryside/public-rights-way/3

Applications to Modify Definitive Maps Orders are being submitted to the Definitive Map Officer at Lincolnshire County Council, Countryside Services, Lancaster House, 36 Orchard Street, Lincoln, LN1 1XX. Applications that have been submitted so far appear on the county council website at  https://www.lincolnshire.gov.uk/directory/8/register-of-dmmo-applications where you can search by parish.