All public rights of way (footpaths, bridleways, restricted byways and byways open to all traffic - as shown on the Ordnance Survey maps) should be recorded by the local highway authority in a document called the definitive map and statement (DM&S).

The Government wants this document to be 'definitive' but in most areas there are a lot of public routes that are not recorded, or are recorded at a status lower than history suggests is correct.

As it stands, any public rights not recorded on the DM&S by the year 2026, will be extinguished. It is therefore important to make sure all the routes you use are correctly recorded.

Who can apply for a change to the DM&S?

Anyone. An individual, a landowner, a group of interested people, the local authority.

What can I change?

You can add or remove a route. You can seek to have an existing route shown at a higher status or a lower status.

On what basis can I apply to change the DM&S?

You need to reasonably allege that your changes are justified. This is done via evidence of one sort or another. "Because it would be nice" is not sufficient.

So, you would need to gather evidence of use over a considerable period - preferably in excess of 20 years. And/or you need to demonstrate, by the use of old documents, maps and diaries that the route has existed (or not) for a long period of time.

What do I need to demonstrate?

Dedication. You need to show that at some stage someone dedicated the route to public use. That can be assumed if the route is shown on old maps in the same way as other routes that are now accepted as public. If you are lucky you might find an Inclosure Award at your public record office, that sets out the origins of the route.

What is the standard of evidence required?

You need to show that it is 'more probable than not' that your route was and remains public. So, the route has not had the public rights over it extinguished. and that, in all probability, the route was and remains public to the status you claim it to be.