Evidence is not always what it seems!

Evidence is not always what it seems!

Ordnance Survey 6 inch to 1 mile maps

Ordnance Survey Maps are only PHYSICAL evidence of a way. They are NOT PROOF of a Public Right of Way and they all carry a disclaimer.

Tithe Maps and Tithe Apportionments

Tithe maps were solely concerned with identifying tithable lands and NOT with roads or their status, so CANNOT be used as definitive evidence about PUBLIC roads

Enclosure Maps and Awards

They are the LEGAL creation of a way as a highway

Faydens Map 1790 Bryant’s Map 1826

 The depiction on one of these maps in a manner intended to indicate a way used by vehicles ( not many CARS in 1790!) is evidence of no more than the existence of a BELEIF by the Cartographer that a way existed on the line shown. Because of the notorious inaccuracy of maps published prior to Ordnance Survey, the depiction of a ‘road’ on such a map is IN LAW no evidence that a ‘road’ existed, either on the line shown OR AT ALL.

Parish Records

These are NOT a LEGAL document. They can only show reputation or physical existence of a way and certainly NOT a PUBLIC right of way.

District Records

 Many were claimed IMPROPERLY. The fact that a way was MENTIONED in committee minutes or surveyors records only proves that they were MENTIONED. Only subsequent LEGAL ACTION is of any consequence whatever.

Road Order Book

 DO NOT assume that because a stopping up order cannot be found for a claim, that it therefore still exists. ONLY YOUR CLAIM STLL EXISTS!

Railway records

Only a LEGAL ACT constitutes a LEGAL creation of a way.

Sales Particulars

These are NOT an indication of a PUBLIC RIGHT of WAY. 

Inland Revenue Valuation Maps and other documents

Rights of Way are NOT recorded on the 1910 Finance maps. Evidence of the route for which a deduction is claimed would also be required. On Estate land with many deductions and rights of way recorded on the definitive map, it is NOT possible to claim a route ( which is NOT recorded)was the subject of a deduction.

it should be remembered that there are only THREE records which LEGALLY CREATE a way as a highway.

  1. An Inclosure Act
  2. An Act of Law
  3. Orders, creating, diverting and extinguishing Highways.

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