Register of Definitive Map Modification Orders
The Definitive Map and Statement (map and statement) are legal documents the council as surveying authority holds, which provide conclusive evidence at the date prepared of public rights of way.
In England and Wales surveying authorities are under a duty (Section 53 of the Wildlife and Countryside Act 1981) to modify the map and statement using Definitive Map Modification Orders (
DMMOs ) in consequence of events.
Events Categories
Event Categories fall into two main categories:
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Legal events (orders already confirmed).
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Evidential events (user and documentary evidence).
Legal events (Orders already confirmed)
Section 53 (3) (a)
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A highway shown or required to be shown on the map and statement has been authorised to be stopped up, diverted, widened or extended; or
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A highway shown or required to be shown on the map and statement as a highway of a particular description has ceased to be a highway of that description; or
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A new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path.
Evidential events (user and documentary evidence)
User evidence under Section 53 (3) (b):
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Expiration of a period of use that raises a presumption the way has been dedicated as a public path.
Documentary evidence:
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Section 53 (3) (c) (i) - The discovery of evidence by the authority of an unrecorded right of way.
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Section 53 (3) (c) (ii) - The discovery of evidence that a right of way should be recorded with a different status.
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Section 53 (3) (c) (iii) - The discovery of evidence that a right of way should be deleted, or other particulars in the map and statement require modification.
As an example, if a Diversion Order is made, confirmed and comes into operation, the coming into operation of the Order is an event under Section 53 (3) (a). Whilst the confirmed Diversion Order has already altered the legal line of the path, it hasn’t altered the information shown on the map and statement until a distinct, subsequent DMMO is made and confirmed.
Register of DMMO Applications
All surveying authorities in England and Wales are now required to set up a register of
DMMO applications under Section 53B (i) Wildlife and Countryside Act 1981. The register aims to increase knowledge among landowner’s, rights of way users and the general public about applications that could result or have resulted in changes to the map and / or statement.