Public footpath disputes set to drag on for generations

LANDOWNERS could have to pass on rights-of-way disputes to their grandchildren with councils overwhelmed by applications to recognise old paths.

One council in Wales has a 150-year backlog dealing with requests to have historic rights of way officially recognised, with most councils on at least a 20 to 30-year timescale.

Councils are dealing with thousands of claims to recognise historic public footpaths which have increased significantly in the past two years, as the pandemic has encouraged people out.

The Government has cancelled a 2026 deadline for applications to have historic footpaths recognised by councils, meaning applications are likely to pile up in years to come.

Anyone can apply to have a footpath recognised and protected, as long as they produce historic evidence that a right of way once existed.

The Ramblers, a walking charity, estimates there are around 41,628 miles of missing rights of way, which they are encouraging people to track down in their Don’t Lose Your Way campaign.

They had campaigned for an extension of the 2026 deadline and hope it will mean thousands more paths can be protected for public use.

To allay concerns of landowners, the Government has introduced a right to apply for a diversion or cancellation of the footpath, meaning councils will have to consider a bid, which could previously have been dismissed.

That has raised concerns of an even greater backlog, meaning disputes could take decades to resolve.

“Our main concern is that this will trigger a rash of applications and local

‘It would not even be the landowner that would be dealing with it, it could be their grandchildren’

authorities could be overwhelmed,” said Jack Cornish, for the Ramblers.

Sophie Dwerryhouse from the Country, Land and Business Association said it was like a “planning blight” on homes.

“Some of the local authorities are decades behind with these claims. So it would not even be the landowner that would be dealing with it, it could be their grandchildren,” she said.

Shona Butter from Adept, which represents council planning departments, said the problem has increased in the last two years, with her own council, Shropshire, having applications increase from 50 to 175.