Apply to modify the Definitive Map and Statement

Use this page to find out how you can apply to modify the Definitive Map and Statement of public rights of way in the area.

You can't use this process to alter a right of way because you want it to change or think a different route would be better.

The modification process

The Definitive Map and Statement is a legal document and can only be changed by a legal order.

If you think our Definitive Map and Statement is incorrect, you can apply for a Definitive Map Modification Order (DMMO). You will need to submit evidence with your application.

Before you start

There are several reasons that you can apply to modify the Definitive Map and Statement. These include the following:

• routes not being shown
• routes having the wrong status
• routes shown on the wrong line
• routes should be deleted
• routes need to be varied or better defined

Evidence you need

You need to submit evidence to support your application and be prepared to support your case if it goes to public inquiry.

The evidence you provide to support your application must relate to the following categories:

• use of the right of way by the public
• historical documents, including old maps

Select a topic below to find out more about each category.

Public use

A route can become a public right of way if it is used by the public over a sufficient time.

If you are making an application based on user evidence, you need to submit evidence from other people who have used the route. It is not sufficient to say that you have seen others using the route.

You will need to provide evidence that shows all of the following:

• the route has been used openly (without force, secrecy or permission) for at least 20 years by the public
• more than a few people used the route
• the landowner never tried to prevent people from using the route during the 20 years
• a specific route from A to B is used, rather than people wandering freely over open land

Historical documents

Old public rights of way may not be recorded on the Definitive Map and Statement. Old maps and documents can provide evidence that these old public rights of way exist.

The Somerset Heritage Centre (SHC) in Taunton, the Bath Records Office (BRO) in Bath and The National Archives (TNA) in Kew hold many historical maps and documents which may help you to provide evidence of the existence of an old public right of way.

Documents that can prove the status of rights of way include:

• tithe maps from the 19th century
• inclosure maps from the 18th and 19th century
• maps for the construction of canals and railways from the 18th and 19th century
• Inland Revenue plans from 1910-14
• title deeds or estate maps from any period
• Ordnance Survey maps from 19th to 20th century

You must include copies or photographs of any documents which you intend to rely upon.

Deleting a right of way

If your application involves a right of way that you claim does not exist and needs to be deleted, we recommend that you visit the SHC, BRO and TNA, as historical documents at these locations may provide evidence about whether a route is shown.

You will need to provide 'cogent, positive' evidence of the mistake that was made when the route was recorded on the Definitive Map and Statement.  The onus is on you to prove that a right of way does not exist.

Cost

Applications to modify the Definitive Map and Statement are free.

Duration

Cases can be complex and take a long time to resolve. It may take several years for a modification order to be made and confirmed.

How to apply

To apply for a Definitive Map Modification Order (DMMO), you need to complete the relevant form:

• DMMO application form (Word document)
• User evidence form (PDF)

You need to provide us with a physical copy of your completed form. You can either arrange an appointment to view/modify the definitive map, or send the completed documentation by post to:

Public Rights of Way Team
Bath & North East Somerset Council
Lewis House
Manvers Street
Bath
BA1 1JG

What happens next

We normally process applications for DMMOs in the order we receive them. However, we may process applications sooner where other factors are relevant, such as the age or health of witnesses who can provide relevant evidence, or if development is likely on the land over which the route runs.

We will use your application form and the supporting evidence to assess whether a legal order should be made and confirmed.

Your application and evidence may be scrutinised as part of a public inquiry. Your application form and user evidence forms must be as accurate as possible.