The Countryside and Rights of Way Act 2000 imposed a guillotine of 1 January 2026 on the claim of unrecorded public paths. The previous government set this back to 2031. The current government has announced that it will repeal it completely, so that paths can continue to be claimed in perpetuity. This is vital because there are hundreds of paths yet to be claimed, and with a guillotine our rights to use them would be lost for ever.

‘The Open Spaces Society was delighted by the government’s announcement that it will legislate to remove Path-Extinguishment Day, 1 January 2031, in England’. So declared Phil Wadey, chairman of the Open Spaces Society at the society’s annual general meeting on the 3rd of July.

‘We were also pleased when the submissions by the society led to the Welsh Government’s inclusion of Path-Extinguishment Day repeal in its Legislation (Procedure, Publication and Repeals) (Wales) Bill, which has completed passage through the Senedd and is now awaiting Royal Assent.’

Commenting on this news, Tom Usher, CEO of the Dartmoor Preservation Associations says: ‘This is excellent work by OSS. The idea that we would all lose access to paths, ancient and modern, just because of an arbitrary date was always ridiculous. We salute the work of others fighting to keep paths open like The Ramblers ‘don’t lose your way’ campaign and Dan Raven-Ellison and the team at SlowWays. Rights are hard won and easily lost.’

Phil Wady goes on to add: ‘However, there is still much to be done.  At last year’s AGM, held on the day of the general election, in addition to the Path-Extinguishment Day repeal, I called on the new government to treat public access as a priority. We are still waiting.

‘For instance, we need action on the announced provision of green space within 15 minutes’ walk for everyone; a duty on county and unitary councils to enforce against unlawful encroachments on commons; and a mandate for the registration of town and village greens in every development over a certain size or density; that would help to ensure that open space is protected for all to enjoy.’

On 31 January 2023 the previous government promised, in its Environmental Improvement Plan, that (within five years) ‘the public will benefit from a new commitment to access green space or water within a 15-minute walk from their home’. Common land is land subject to, or formerly subject to, rights of common—to graze animals or collect wood for instance—or waste land of the manor not subject to rights. The public has the right to walk on nearly all commons, and to ride on many. Commons are protected in that works on common land require the consent of the Secretary of State for Environment, Food and Rural Affairs under section 38 of the Commons Act 2006. 

Town and village greens are land where the public has enjoyed 20 years informal use without permission or challenge.  A landowner may voluntarily dedicate a town or village green without such evidence.  Once registered, the land is protected from development by section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876, and local people have legal rights of recreation there in perpetuity.

‘We need a new Access Bill to extend responsible freedom of access under the Countryside and Rights of Way Act 2000 to woodlands, watersides, and water, bringing access close to home—and the right to backpack camp to be extended beyond the Dartmoor commons to open country in general. 

‘The Open Spaces Society will campaign, as it has done for the past 160 years, for equitable public access and for our rights to enjoy paths and spaces to be upheld,’ Phil Wady declared.

Image: Recently claimed path at Whiston, St Helen’s, Merseyside. Image courtesy of the Open Spaces Society.