Defra will commence with the 2026 cut-off stipulated within the Countryside and Rights of Way Act 2000 (CROW), in a move welcomed by rural campaigners.
Defra’s decision to implement the cut-off date will likely bring a degree of certainty and will start to ease the burden faced by under-resourced local councils.
But due to delays brought about by Covid-19, it will implement a full five-year extension to 1 January 2031, which will allow time for the reforms to take effect.
CROW introduced a provision for a cut-off date of 1 January 2026 for the recording of historic rights of way.
This was seen as an opportunity to bring more certainty for the public and landowners alike as to what and where the recorded Public Rights of Way are.
CROW stipulated that after a cut-off date, any historic rights of way not recorded on the definitive map will, with certain exceptions, be extinguished.
The Country Land and Business Association (CLA) said that maintaining a cut-off date for historic right of way applications was ‘a positive step’ for land managers in England.
The current process had left rural businesses “in limbo with the potential of a claim hanging over every landowner indefinitely.”
“Local councils have found themselves swamped by applications to add historic rights of way to the definitive map,” said CLA President Mark Tufnell.
“There are already huge backlogs to deal with claims that have been submitted.
“The current process brings campaigners and landowners against one another when in reality both share the desire to enjoy the countryside and protect our wildlife.
“We are eager to work in collaboration with Defra and campaigning groups to ensure people can continue to responsibly experience the benefits of the countryside in decades to come.
“The CLA is pleased that the Secretary of State has decided to take forward its suggestion to implement the cut-off with a revised date of 2031.”
