Public Path Orders
There are FOUR common basic Types of Orders Which Affect the Paths we Ride (and Walk)
MODIFICATION
ORDERS - Commonly used to add a bridleway to the
definitive
map.
Modification Orders affect only the recording of rights of way on the
definitive map.
To put a bridleway on the definitive map using a Modification Order
it must be proved
that the right of way already exists. A MO can also be used to remove
a path fom the definitive map if it can be proved that no right of way
has ever existed.
Importantly Modification Orders are about whether rights exist, not about wther they should be created or taken away.
DIVERSION ORDERS - Used to Divert an existing Right of Way. The landowner can apply to have an existing right of way diverted. However the diverted way must not be less 'convenient'.
CREATION ORDERS - Used to create a new Right of Way. The highways authority (County Council) can issue such an order where there is a demonstated need and taking into account other factors. EXTINGUISHMENT ORDERS - Used to Extinguish a Right of Way. This can only be made on the grounds that a right of way is not needed for public use. Orders go through various legal stages - your bridleway is not on the definitive map until the order is CONFIRMED.
Also See Guide to Definitive Map by Natural England - an excellent introduction
Anyone can apply for a Modification Order for modifying the definitive map to record a Footpath, Bridleway or Byway, or change the recorded status of a path. The path may or may not already be on the definitive map.
However applications do require supporting evidence to show that there is right of way (albeit unrecorded) for the public to use the way - this can be by witness of use over 20 years or other historic documentary evidence. Please contact bhsaccesscornwall for help and advice.