UKC

I wasn't sure which is the right place to post this?  It isn't crag related and it's not anywhere near a hill.  

Anyway.   Locally to me there is a track which has been walked by me personally for over 30 years and by others for longer. It was historically a road.  

This is not one of those "walk it once a year to keep it" places.  It's a popular walk and cycle and horse ride all year round.  

Recently new owners blocked access to cars due to problems.  However now they have put up Private signs.  

It doesn't show on the definitive map as a right of way.  An application has been made to make it a right of way on the map but apparently this will take a long time due to a backlog.  Years probably.  

In the meanwhile my understanding is that we have the right to walk there because we have the right of way due to using it for so long, and that they don't have the right to block it or put up signs.  

Am I correct?  Apart from getting on to the council is there anything else I can do?  

Thanks.  

Your local Ramblers group might be able to help with the legalities. They're very good at this sort of thing.

Yes, the ramblers seem to have kept their eye on the important things for the majority of its members, unlike some other representative bodies.

Thanks both, I am waiting to hear from them.  

I just wondered if anyone on here knew.  

Yes - right of way by customary use.

You will need evidence of regular and frequent use. https://www.ramblers.org.uk/advice/paths-in-england-and-wales/changes-to-th...

Forgot to say, you need to contest quickly.

I will ring the council tomorrow.  We have evidence including photographs. 

Firstly, has a proper application definitely been made to add it to the definitive map? Check your local county council's website as they have an obligation to put these applications on an online register. They're called Schedule 14 Definitive Map applications if the register isn't easily found and you need to search the council's website for it.

If a proper Schedule 14 application has been made then there's nothing else you can do but wait until the council gets around to it which, as you say, could be a while.

In the meantime you have no right to continue using it and the council can't do anything about obstructions or private signs, because the right of way is, as yet, unproven. 

If it's nowhere near the landowner's house and you can still walk it (you say it's been blocked for cars but you don't imply it's been totally blocked) then I'd just continue using it if I were you. If confronted, feign surprise, be polite and apologetic and turn back if asked. Remember that trespass isn't a criminal offence so the worst that can happen is that you get asked to turn back.

If confrontation with the landowner is likely and/or the track is totally blocked and you don't fancy continue using it then take solace in the fact that councils usually prioritise investigating Schedule 14 applications in such circumstances.

Where is this? I have a relative who is a rights of way officer. 

If you're in the area covered by the Peak & Northern Footpaths Society there's some good guidance & facility to report here: http://www.peakandnorthern.org.uk/footpath-faults/most-common-faults.htm

You say 'historically' it was a road?   If it was a road in 1955 when the local authorities were required to  draw up the definitive maps with ROW on them it should be listed on the Highway's Definitive map.  I'm assuming you have looked at your Highway's department on-line Definitive Map?, and you are not referring to an OS Map - which may not be accurate. 

Just to amplify that - our local council's Definitive Public Rights of Way map online is separate to the Definitive Highways map.   A lot of the rough surface farm access tracks around my way are unadopted public highways.

If it is cycled regularly you might be able to see it on Strava heatmaps If you are not a Strava person, I'm sure there is a tedious cyclist [he says looking at feet, slightly shamefully] or boring runner in your life who will be able to do that. Basically you might find out that yes, it has indeed been ridden down by X number of people a week for however long Strava has been commonly used. It could be good evidence.