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Purchaser

Document Cited authorities 7 Cited in Related
Vincent
AuthorAngela Sydenham
Pages41-44
4 Purchaser

4.1 Introduction

It is obviously important for purchasers and their professional advisers to discover if there are any rights of way, or claims to rights of way, across the property they are going to buy. Rights of way may affect the use, or potential use, of the property. The definitive map is the starting point, but further inquiries should be made, as there may be additional rights or rights of a higher status which are not recorded.

4.2 The definitive map and statement

4.2.1 Inspection of the definitive map

The definitive map and statement is a record maintained by the surveying authority of the public rights of way within its area. It should be available for inspection free of all charge at all reasonable hours.1

The district council should also have a copy of that part of the definitive map which covers that district and any orders which have been made amending the map and statement.

Town and parish councils will normally have a copy of that part of the map and statement which covers their parish.

Due to the small scale of the definitive maps, there may be difficulties of interpretation.

4.2.2 Limitations of the definitive map

The definitive map and statement is conclusive as to what is recorded. However, as explained above, there may be perfectly valid rights of way which are not recorded.

There may, for instance, be:

(1) public path orders confirmed but not yet recorded on the definitive map;

1WLCA 1981, s 57.

42 Public Rights of Way: The Essential Law

(2) definitive map orders and public path orders made, but not confirmed;

(3) applications for definitive map or public path orders;

(4) documentary evidence of the valid existence of public rights of way; or

(5) user evidence which would support a claim although no application has yet been made.

Given the scale of most definitive maps, the route on the ground may not be shown with sufficient accuracy. The statement accompanying the map may describe physical features which will identify the position more accurately. Sometimes the statement will give the legal width. However, care must be taken in interpreting the statement. A description of a path in the statement may be giving a legal width or may be just describing the physical feature.

Sometimes there is a conflict between the map and statement. The position was discussed at length in R (Norfolk County Council) v Secretary of State for the...

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