Modification Orders
Claims made to add paths to the Definitive Map of Public Rights of Way are processed by councils as Modification Orders. Claims may be based on evidence of historic status from old documents or on use by the public, or a combination of the two.
Issues of the suitability of the route, the need or desirability of the route and health and safety issues are not relevant to the determination of the claim. Whilst the impact on the landowner will also be disregarded, we work on projects that include the diversion of claimed routes to reduce their impact.
We advise landowners on the evidence and the merits of the claim and consider what evidence may rebut the case. We will advise on the appropriate response to the council and assist in preparing the evidence required.
Amongst the cases handled by Michael Wood is the inquiry following the decision of the Court of Appeal in ex parte Emery. There in excess of 130 people claimed to have walked a footpath and the Court of Appeal thought it inevitable that a right of way was reasonably alleged to subsist. However, following the inquiry the Inspector agreed with our submissions that the evidence was not sufficient and the path was not confirmed.
If a Modification Order is made then we will advise on objections and deal with the whole process through to the presentation of evidence and legal submissions at public inquiry or hearing.
We currently have cases across the whole of England and Wales and are here to assist you deal with the claim made over your land.
