Definitive Map Modification Orders (DMMOs) On Private Land

If walkers and members of the public have been using your land over a long period, they may seek to make an application for the path to be recognised as a public right of way. They can do so by applying to their Local Authority for a Definitive Map Modification Order (DMMO) if they feel that a public right of way is not recorded on the Definitive Map when it should be.

Once submitted, the Local Authority first has to consult and decide whether to make a DMMO for the new path. If that order is made, the landowner can appeal and the issue will be decided at a public inquiry. The process can be convoluted.

The best way for landowners to prevent trespassing in the first place is to seek legal advice from a specialist, years before the problem becomes a problem.  Erecting effectively worded signage is certainly a first step, but we can also help prepare and submit a declaration under s31(6) of the Highways Act to avoid any ambiguity that there has been no intention to dedicate a new right of way.  It should ideally be renewed every 10 years and we can help with this process.

Always consult an expert Solicitor when dealing with such issues, as they can guide you on how best to navigate the case and get the best possible outcome for your circumstances.

For more information or guidance on public rights of way and other rural legal matters, JCP Solicitors can help. Email rhys.evans@jcpsolicitors.co.uk or call 03333 208644.