Rights of way

Public rights of way

We are responsible for the mapping, management and enforcement of public rights of way and work with farmers and other landowners to ensure access is not affected.

Rights of way are classified according to the nature of their use:

• Footpath - foot only
• Bridleway - foot, cycle or horseback
• Restricted Byway - foot, cycle, horseback or carriage
• Byway Open to All Traffic (BOAT) - foot, cycle, horseback or motor vehicle

A 'permissive path' is where the landowner allows the public access but may close the path occasionally.

Public rights of way are recorded on Definitive Maps. The original copies of these maps can be viewed by appointment at County Offices and remain the legal document for Public Rights of Way in Lincolnshire.

The Electronic Working Copy map shows public rights of way as they are recorded today following any additions, diversions or extinguishments. This should not be considered to be the legal document.

Rights of way can only be closed with our permission. The Temporary Closures register records planned closures where a right of way will be affected by works.

Livestock can be kept in fields crossed by rights of way. The exception is bulls on their own if over 10 months old. Beef bulls are allowed if kept with cows, however, dairy breed bulls are not.

Farmers, landowners, and the county council work together to maintain and manage rights of way.

Whilst in the countryside please act responsibly and follow the Countryside Code.

Electronic working copy definitive map

The electronic working copy is a representation of the original Definitive Map with all subsequent alterations taken into account.

It should be noted that this map is NOT the Definitive Map (legal record) and, that whilst every effort to attain accuracy in translation from the original paper mapping has been made, no liability is accepted for any errors particularly when viewed at scales greater than the original mapping.

We apply a working presumption that routes on the list of streets have public vehicular rights.  Legislation has extinguished the rights of motorists if these are also shown as a:

• public footpath
• public bridleway
• restricted byway

You can zoom to a location on the map, or search for an address however rights of way on the electronic working copy map will only be displayed between 1:2,500 and 1:250,000.

Individual path numbers can be found by selecting the individual right of way using your left mouse button.

For licensing reasons we are no longer able to provide information on permissive paths and other areas of countryside access in the way we used to.

Access the map

Report a problem

If you find a problem with using an existing public right of way then let us know.

Report a problem

Request a change

Definitive Map Modification Orders (DMMOs)

A Definitive Map Modification Order (DMMO) is used to:

• Add a public right of way that isn't currently shown on the Definitive Map and Statement
• Delete a route if there’s evidence that it’s not a public right of way
• Amend details where necessary (for example, if the route is incorrectly recorded)

Who can apply?

Anyone can apply for a DMMO.

What evidence do you need?

To make a DMMO application, you must provide evidence showing that a public right of way exists (or doesn’t exist).

There are two main types of evidence:

• User evidence – information from people who have regularly used the route for at least 20 years, without being stopped, without permission, and without secrecy. We usually collect this through user evidence forms. In some cases, for example where there are cases of very high and obvious use, periods of less than 20 years can be considered.
• Documentary evidence – historical records showing the route was a public right of way. This could include old maps, inclosure or tithe awards, railway plans or records like the 1909/10 Finance Act documents.

What happens after you apply?

1. We are legally required to investigate valid applications.
2. We check the evidence and may contact landowners and parish or district councils for further information.
3. If we find enough evidence, we make an order to modify the Definitive Map.
4. We then consult the public. If there are objections, the case is referred to an independent Planning Inspector to make a decision.

The route is only officially added (or removed) once an order is confirmed.

How long will it take?

• We have a large number of DMMO applications waiting to be investigated.
• Applications are processed in the order they were received, unless they meet certain priority criteria.
• Even once an application is investigated, the legal process, consultation, and possible objections mean it can take several years to reach a final decision.

You can find the current list of DMMO applications here:

Search the DMMO Register

The DMMO priorities list shows current applications in order of their priority.

More information

For a detailed explanation of the process, you can read: NE112: A guide to definitive maps and changes to public rights of way – 2008 Revision (See pages 4-13, 24-28 and 42-43).

Public Path Orders

Public Path Orders are for a diversion, closure, or a new path.

Administrative costs are chargeable - view our fees and charges for details.

These charges may be waived if the proposal offers substantial benefit.

No charge is made for considering whether an application can be accepted.

For further information on creating a right of way email countryside_access@lincolnshire.gov.uk or call 01522 782070.

Request land protection

A landowner can apply for a:

• Highways statement or declaration to protect their land against public rights of way being established by public use.
• Landowner statement to end any use of their land by local inhabitants for lawful sports and pastimes.   This may then protect against it being registered as a town or village green.

We charge a fee for the registration of an application.

Apply for protection

Search the register of landowner deposits

View notices of applications recently lodged with the county council.

Temporary closures

Rights of way can only be closed with permission from the County Council. Closures are usually only for short periods of time in the interest of public safety when works are taking place in the proximity.

Temporary Closures of Rights of Way

Definitive map applications landowner guidance

When an application is made for a Definitive Map Modification Order (DMMO), landowners who may be affected by the claim are contacted as part of the formal process. This ensures that anyone with an interest in the land is aware of the application and has the opportunity to understand what it means.

What a DMMO application means

A DMMO application seeks to determine whether a route should be legally recorded as a public right of way on the Definitive Map and Statement. This map and statement form the legal record of public rights of way in Lincolnshire.

• A DMMO does not create a new public right of way. It investigates whether a right of way already exists based on historical documents, maps, and evidence of public use.
• If a right of way is found to exist, it must be added to the Definitive Map and Statement as a matter of fact, not choice.

The council’s role and legal obligations

Lincolnshire County Council has a statutory duty to investigate all valid DMMO applications. The council must consider:

• The evidence submitted with the application
• Any additional evidence discovered during the investigation
• Whether the evidence shows that a public right of way is reasonably alleged to exist

The process is evidence-led and governed by Section 53 of the Wildlife and Countryside Act 1981.

The council cannot take into account:

• Concerns about privacy, security, or land management
• Personal opinions regarding the use of the land
• The fact that the route may not have been used recently, or in living memory

What you need to know

If you are a landowner whose land is affected by an application, you are encouraged to participate in the process. You may hold relevant evidence that helps inform the council’s investigation.
 
Key points for landowners:

• Until a DMMO is made and confirmed, there is no requirement for you to make the route available for public use.
• If the DMMO is confirmed, the route becomes part of the legal record, and any obstructions will need to be removed.
• You have the right to view the evidence upon which a decision is made and to submit an objection during the public consultation period, if you believe the evidence does not support the existence of a right of way.
• Objections must focus on the evidence relating to whether a public right of way exists, not on personal circumstances.

Timescales and the investigation process

Lincolnshire County Council has received a large number of DMMO applications over recent years, many seeking to preserve unrecorded historic routes.

• Applications are investigated in the order they were received, unless exception criteria apply which give a case higher priority.
• Investigations can be complex and time-consuming, often taking several years to complete.
• Public consultation follows if an order is made. If there are objections, the order will be referred to the Planning Inspectorate for determination. This can lead to a public inquiry or hearing, which can further extend timescales.

Due to the legal and evidential complexities, it is not possible to give a definitive timescale for when an individual case will be investigated or concluded.

What happens if a right of way is confirmed

If a route is added to the Definitive Map and Statement following confirmation of a DMMO, it becomes a legally recorded public right of way.

• Landowners are then responsible for ensuring the route is unobstructed and accessible for public use.
• If you wish to change the route of a public right of way across your land, it may be possible to apply for a diversion or extinguishment of the route under the Highways Act 1980.

Diversions are subject to:

• Meeting statutory legal tests for public convenience and enjoyment
• Public consultation and the possibility of objections
• A decision by the council to proceed (there is currently no automatic right to apply for a diversion, although new legislation is expected)

If a diversion is pursued:

• Fees apply at each stage of the diversion application process
• Landowners may need to cover costs for providing the new route and compensating any affected parties

You can find more information on diversion applications, including fees and charges, in our Rights of Way section.

Further information

For more information about the DMMO process, including guidance on evidence, refer to: A guide to definitive maps and changes to public rights of way.
 

Fees and charges

Landowner statements and declarations

Landowner deposits: Highways Act Section 31(6)

Landowner deposits: Commons Act 2006, Section 15(a) Landowner Statements (or combined Highways Act 1980 and Commons Act 2006 deposit)

Public path orders (PPOs) - excluding 'right to apply' applications

Public path orders 'right to apply (RtA)' applications - subject to regulations

Enforcement

Local planning authority (LPA) PPO checking service

Lincolnshire Joint Local Access Forum

The Local Access Forum (LAF) is a statutory, independent body covering areas of Lincolnshire County Council and North East Lincolnshire Council. It advises the councils and other organisations on how to improve public access to outdoor recreation and sustainable travel.

The LAF sets its own priorities to reflect local issues and responds to consultations and draft policy documents. When making recommendations LAF members consider land use as well as the need to conserve flora, fauna, geological and physical features.

Membership

The LAF is made up of volunteers who provide a balanced view of access issues. Members represent:

• users of local rights of way such as walkers, cyclists and horse riders
• landowners, land managers and occupiers
• other interests including conservation, tourism, health and the rural economy

You can find a list of current members here.

Meetings

Meetings are held twice a year. Members of the public are welcome to attend meetings as observers but only LAF members can participate in the discussions. There will be an opportunity for members of the public to ask questions.

You can find information on past and future meetings here.

Join the Forum

New members can be appointed by Lincolnshire County Council. The forum is open to anyone who has an interest in rights of way, such as walkers, horse riders and landowners. The forum aims to be representative of as wide a cross-section of society as possible.

There are currently vacancies for landowners, farmers and land managers.  If you are interested in joining or would like more information, please contact democraticservices@lincolnshire.gov.uk.