Public Rights of Way: What the Barton Court Footpath Decision Means for Landowners

A high-profile dispute concerning an alleged public footpath across Pippa Middleton and James Matthews’ Berkshire estate has attracted considerable national attention. Behind the headlines, however, the decision provides a useful reminder for landowners about how public rights of way can arise – and the importance of keeping clear evidence about how land is used.

Local walkers sought to have a driveway across the Barton Court estate near Kintbury formally recorded as a public footpath, maintaining that villagers had used the route for generations. The claim was initially accepted by West Berkshire Council, but the landowners challenged the resulting Definitive Map Modification Order.

Following a public inquiry, the Planning Inspector decided that the route should not be added to the definitive map. Although local people provided evidence of previous use, reports of the decision indicate that it was not sufficient to demonstrate the necessary public use of the route. Evidence concerning historic signs, the relatively limited frequency of use and the experiences of previous owners was important.

The case illustrates several points that apply well beyond prominent country estates.

First, long-standing use does not automatically create a public right of way. Broadly, a route may be presumed to have been dedicated as a highway where the public has used it openly, without force, secrecy or permission, and without interruption for at least 20 years. Whether that test has been met is highly dependent on the evidence.

Second, allowing occasional or informal access can create uncertainty. A future dispute may depend on whether the landowner clearly communicated that access was permissive or that there was no intention to dedicate the route for public use.

Finally, these cases can take years to resolve and may involve extensive examination of maps, photographs, signs, correspondence and witness recollections. By the time an application is made, reconstructing how land was managed decades earlier can be extremely difficult.

Landowners who permit public access but do not intend to create new rights should therefore consider taking preventative steps. These can include appropriate signage, maintaining records of any permissions or interruptions to access, and depositing a statement and declaration with the relevant local authority identifying the routes they accept as public.

The lesson from Barton Court is not simply that this particular landowner succeeded. It is that the outcome of a rights of way dispute can turn on evidence built up over many years. Clear records and early legal advice are considerably easier – and usually less costly – than attempting to resolve uncertainty once a claim has been made.

If you have questions about public rights of way affecting your land, or would like advice on protecting your position as a landowner, contact Derek Walsh, Director in SE-Solicitors Dispute Resolution team who has particular expertise in public rights of way and property-related disputes.