Part II

Public rights of way and road traffic

Public rights of way and definitive maps and statements

Extinguishment of unrecorded rights of way : England.
53
1
Subsection (2) applies to a highway in England if—
a
it was on 1st January 1949 a footpath or a bridleway, is on the cut-off date (in either case) a footpath or a bridleway, and between those dates has not been a highway of any other description,
b
it is not on the cut-off date shown in a definitive map and statement as a highway of any description, and
c
it is not on the cut-off date an excepted highway, as defined by section 54(1).
2
All public rights of way over a highway to which this subsection applies shall be extinguished immediately after the cut-off date.
3
Where a public right of way over land in England created before 1949—
a
falls within subsection (4) on the cut-off date, and
b
is not on that date an excepted right of way, as defined by section 54(5),
that right of way shall be extinguished immediately after the cut-off date.
4
A public right of way falls within this subsection if it is—
a
a public right of way on horseback, leading a horse or for vehicles over a bridleway, restricted byway or byway open to all traffic which is shown in a definitive map and statement as a footpath;
b
a right for the public to drive animals of any description along a bridleway, restricted byway or byway open to all traffic which is shown in a definitive map and statement as a footpath;
c
a public right of way for vehicles over a restricted byway or byway open to all traffic which is shown in a definitive map and statement as a bridleway; or
d
a public right of way for mechanically propelled vehicles over a byway open to all traffic which is shown in a definitive map and statement as a restricted byway.
5
Where by virtue of subsection (3) a highway ceases to be a bridleway, the right of way created over it by section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways) is also extinguished.
6
In determining—
a
for the purposes of subsection (1) whether any part of a highway was on 1st January 1949 a footpath or bridleway, or
b
for the purposes of subsection (3) whether a public right of way over any part of a highway was created before 1st January 1949,
any diversion, widening or extension of the highway on or after that date (and not later than the cut-off date) is to be treated as having occurred before 1st January 1949.
7
Where a way shown on the cut-off date in a definitive map and statement has at any time been diverted, widened or extended, it is to be treated for the purposes of subsections (1) to (5) as shown as so diverted, widened or extended, whether or not it is so shown.
8
In this section—
- “cut-off date” has the meaning given in section 56, and
- “mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.
1968 c. 41.
1988 c. 52.
S. 53 in force at 25.10.2023 for E. by S.I. 2023/1121, art. 2
Word in s. 53 heading inserted (W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 54(2)(c)
Words in s. 53(1) inserted (W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 54(2)(a)
Words in s. 53(3) inserted (W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 54(2)(b)