Become a Detective of Lost Paths

Members who attended the Society’s Annual General Meeting heard David Godfrey expressing his concern that there are many potential rights of way in Oxfordshire which, for one reason or another, have not so far been claimed; i.e. ‘Lost paths’. Just after World War Two, under the National Parks Act, county councils were required to identify Public Rights of Way and register them on definitive maps. Unfortunately, many rights of way have never been so registered and, consequently, are not, in a legal sense, proven. Many of them are still in regular use, particularly around villages, and are far from ‘lost’ to those who use them. Others have sadly disappeared completely over time.

A factor that has given urgency to this situation is that the Countryside and Rights of Way (CRoW) Act 2000 has brought in a deadline of 2026. All paths must be recorded on the Definitive Map by 2026 – after this date it will be simply be too late. Many historic paths, i.e. ones that came into existence before 1949, but which are not registered, will be lost forever. This applies specifically to paths which are claimed as being based on such historical records as Enclosure Awards and Tithe Awards.

These Awards relating to parishes often had large scale, detailed maps, showing the routes of paths and roads at a time when the land was being enclosed - in the 18th and 19th centuries. The maps can be studied in conjunction with the actual text of the award, which will often list the routes being set out, with a route description and details of status and width.

On a more positive note, however, it will still be possible to claim paths based on evidence from people who certify that they have walked them over a 20 year period without being challenged by the landowner.

These maps can be found in the County Records Office at St. Luke’s Church, Temple Road OX4 2HT. Tel: 01865 398200. Temple Cowley. Other maps for the former Berkshire areas, such as parishes in the Vale of White Horse District, will be found at the Berkshire Records Office, 9 Coley Avenue, Reading RG1 6AF. Tel: 0118 937 5132.

The two main sources for a would-be detective are, therefore, Enclosure and Tithe Award Maps. Other maps which may be found useful to consult are the 25 inch to the mile (Scale 1:1,250) OS County Series of Oxfordshire, which were produced in the 1890s. The Enclosure and Tithe Maps often show public rights of way. In all cases, a comparison of these maps with the existing Definitive Map might reveal paths and route ways found on the Enclosure/Tithe/early Ordnance Survey maps but which were never recorded on the Definitive Map.

For some parishes evidence of lost paths may be found if at some stage a railway company intended to construct a railway through them, even if they were never built. Railway companies were required to compile plans and books of reference which give varying amounts of detail on public and private rights of way, within the ‘lines of deviation’ of the proposed railway, and so can be a valuable source of reference.

Those OFS Members who are interested in undertaking such research as a lost-path detective should start with the aid of a large sheet of tracing paper, placed over the Definitive Rights of Way map for their chosen parish. A copy of the large scale Definitive Maps for Oxfordshire is to be found in the reference section of the major libraries.

Other useful locational information to be traced onto the tracing paper are the parish boundary, major and minor roads, rivers, railways, canals and parish churches etc. When the traced map is completed, it can then be compared to the Enclosure, Tithe Map, or First Edition 25 inch to the mile Ordnance Survey (County Series) of the parish to determine whether any paths shown on the earlier maps are missing from the Definitive Map. If there are, then it could be that this is evidence of a ‘lost’ PRoW which may be eligible to be claimed.

A very useful book which explains this process in great detail, with worked examples, is ‘Rights of Way – Restoring the Record’ by Sarah Bucks and Phil Wadey. The Society has purchased a copy of this book which could be lent out to anyone undertaking the research. The County Council’s Countryside Access Team’s website also has details on how to claim paths.

Jim Parke