It’s All About The Width

Notes & Materials on the Width of Public Rights of Way has been lightly updated and is available on this link.

At the time of writing (23 April 2016) there is still a considerable amount of discussion in the Stakeholder Working Group regarding what will happen after 2025 to rights of way with no recorded width, and rights of way with an under-recorded width. A small sample of definitive statements indicates that there are a lot of rights of way with recorded widths so narrow as to render the path unpleasant or unusable if ‘that is all you have’. Perhaps curiously, given that the Wildlife and Countryside Act 1981 was intended to cure the deficiency in the 1949 Act as highlighted in Suffolk v. Mason 1979, the wording of the 1981 Act seems to have created a similar ‘cap for the time being’ as regards widths. It’ll all come out in the wash … won’t it?