The Wildlife and Countryside Act 1981 Section 53, places a duty on County Councils (and Unitary Authorities) to keep the Definitive Map and Statement up to date. This is done by the production of Modification Orders.
Legal Event Modification Orders are fairly straightforward. They simply amend the Definitive Map and Statement to show the results of completed diversion, creation, Extinguishment and Side Roads Orders. However they must be read in conjunction with the Definitive Map because they are not complete in themselves.
Evidential Modification Orders can be made to alter the Definitive Map and Statement if the Council finds proof that
- Public rights exist or that
- A way on the map was marked on it in error
The public can also apply for orders involving their supplying supporting proof (evidence of use and/or documentary evidence). These are often referred to as "claims".
A criterion for dealing with "claims" is presently being compiled.
Application packs for claiming a public right of way can be obtained by contacting the Countryside Access team.