Paths Greenways Bridleways Tracks
PGBT
The Countryside and Rights of Way Act 2000 set the concept of a Path Extinguishment Day. This has been repealed in Wales. The date in England is 1 January 2031. On this day, unrecorded footpaths and bridleways that existed (as a matter of law) before 1950 will be extinguished. Where any route is shown in the definitive map and statement on Path Extinguishment Day, any additional rights that are not recorded are also extinguished.
The Government Minister taking the legislation through Parliament
said that there would be exemptions for paths for which applications
had been made but which had not been processed.
Preventing paths from being taken away simply because they are
not on a particular map held by the county council, even if they
are in every day use, is the reason why many groups are going
through the evidence and applying for any under-recorded rights
that appear to exist. This is a one-off process: it will be
difficult and expensive to re-create lost paths after Path
Extinguishment Day.
The number of applications needed to ensure path rights, even those in current use, are not legally extinguished, is large. Accordingly, it may be some years before applications are processed by the relevant councils.
Between the Patchetts Green Bridleways Trust and British Horse Society, and their respective volunteers, over 350 applications to record routes have been made in Hertfordshire.
In February 2022, the Government announced that it planned to repeal the cut off day legislation. We said at the time, ‘However, until this is enacted, any change of government could lead to it being brought in, so the work to record paths must continue.’
In March 2023, the Government announced that it would be bringing
in the Path Extinguishment Date in England after all, but that it
would be 1 January 2031. The Countryside and Rights of Way Act
2000 (Commencement No. 16) Order 2023 SI 2023/1121
came into force 25 Oct 2023, commencing the Path Extinguishment Day
provisions (s.53-s.56).
The Countryside and Rights of Way Act 2000 (Substitution of
Cut-off Date Relating to Rights of Way) (England) Regulations 2023
(SI 2023/1126)
have been made and come into effect on 17 Nov 23 in England.
On 26 December 2024, the (new) Government announced that it planned
to repeal the cut off day legislation in England. Just as we said in
2022, ‘However, until this is enacted, any change of government
could lead to it being brought in, so the work to record paths must
continue.’
We hope the present Government will find Parliamentary time during its
term of office.
Path Extinguishment Day was repealed in Wales on 10 Sep 2025 by Schedule 1 para 54 to the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.
While every endeavour has been made to give accurate information, the law is complex, subject to different interpretations and subject to change. The contents of this website are offered to help registered supporters and general readers, but do not constitute formal legal advice.