An important ruling has protected a farmer’s private land from being designated as a public footpath, following a complex legal challenge supported by the NFU’s Legal Assistance Scheme and Warners Solicitors.
The dispute centred on a private “occupation road”, a track used for farm business, which the Open Spaces Society sought to have recorded as a public right of way. The Open Spaces Society applied for a Definitive Map Modification Order (DMMO) in 2021 to effectively upgrade this private route, following decades of informal claims by local ramblers.
The complex case involved research into the path’s historic use over the past 150 years by both sides, and Warners Solicitors engaged a rights of way consultant to produce a comprehensive report for the farmer.
The case faced an initial setback in September 2023 when the local council sided with the Open Spaces Society. However, the farmer lodged a formal objection that triggered an investigation by a Defra-appointed planning inspector.
In May 2025, the planning inspector delivered his decision. While acknowledging that the evidence was “very finely balanced”, he ruled that the evidence was insufficient to meet the legal threshold. On the balance of probabilities, the Society had not proven the track was a public right of way.
The complexity of rights of way law makes such cases notoriously difficult and expensive to litigate. Michael McNally, Partner at Warners Solicitors, highlighted the role played by the NFU Legal Assistance Scheme in this success.
“Throughout the case, the NFU’s Legal Assistance Scheme provided invaluable support, contributing substantially towards the member’s legal costs,” Mr McNally stated. “Given how difficult and expensive these public rights of way cases are, the support from the NFU was essential to the successful outcome.”
Click here to find out more about the NFU Legal Panel and the NFU Legal Assistance Scheme
