27 Surveys of public paths etc, and preparation of draft maps and statements.

(1) Subject to the provisions of this part of this Act, the council of every county in England or Wales shall as soon as may be after the date of the commencement of this Act carry out a survey of all lands in their area over which a right of way to which this part of this Act applies is alleged to subsist, and shall, not later than the expiration of three years after that date or of such extended period as the Minister may in any particular case allow, prepare a draft map of their area, showing thereon a footpath or bridleway, as may appear to the council to be appropriate, wherever in their opinion such a right of way subsisted, or is reasonably alleged to have subsisted, at the relevant date.

(2) A map prepared in accordance with the last foregoing subsection shall also show thereon any way which in the opinion of the authority carrying out the survey (herein after referred to as "the surveying authority"), was at the relevant date, or was at that date reasonably alleged to be, a road used as a public path.

(6)

(1) a 'footpath' means a highway over which the public has a right of way on foot only;

(2) a 'bridleway' means a highway over which the public has a right of way on foot and on horseback and no other right of way;

(3) a 'public path' means a highway being a footpath or a bridleway; and

(4) a RUPP means a highway other than a public path used by the public mainly for the purposes for which footpaths and bridleways are used.

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(3) If any representation or objection is duly made to the surveying authority as to anything contained in or omitted from the draft map and statement, the authority after considering the representation or objection and affording to the person by whom it was made an opportunity of being heard by a person appointed by the authority for the purpose, shall determine what (if any) modification of the particulars contained in the draft map and statement appears to the authority to be requisite in consequence thereof, and shall serve notice of their determination on the person by whom the representation or objection was made.

31 Determination by quarter sessions of disputes as to provisional maps and statements.

(1) At any time within twenty-eight days after the publication of a notice under subsection (1) of the last foregoing section, the owner, lessee or occupier of any land shown on the map to which the notice relates, being land on which the map shows a public path, or a road used as a public path, may apply to quarter sessions for a declaration-

(a) that at the relevant date mentioned in the provisional statement there was no public right of way over the land;

(b) that the rights conferred on the public at that date by the public right of way over the land were such rights as may be specified in the application, and not such rights as are indicated in the provisional map and statement;

(c) that the position or width of that part of the land on which the public right of way subsisted at the said date was as specified in the application, and not as indicated in the provisional map and statement: or

(d) that the public right of way over the land at the said date was not unconditional but was subject to limitations or conditions specified in the application, or, if the said right is indicated in the provisional statement as being subject to limitations or conditions, that the said right was subject to other limitations or conditions specified in the application either in addition to or in substitution for those indicated in the provisional statement.

(3) If on the hearing of an application under subsection (1) of this section, being an app1ication for a declaration under paragraph (a), (b) or (c) of that subsection, it is not proved to the satisfaction of the court or committee-

(a) in the case of an application under the said paragraph (a), that there was at the relevant date a public right of way over the land,

(b) in the case of an application under the said paragraph (b) that the rights conferred on the public by the public right of way over the land at the said date were rights other than those specified in the application, or

(c) in the case of an application under the said paragraph (c), that the position or width of the part of the land therein mentioned was other than that specified in the application, the court or committee shall make the declaration sought by the applicant.

(4) Where the court or committee make a declaration in the case of an application under the said paragraph (a) and it is proved to their satisfaction-

(a) that there was at the relevant date a right of way to which this Part of this Act applies over land other than that to which the application relates, and

(b) that the said right is the right of way which the surveying authority had in view when they showed on the map the disputed public path or road used as a public path,

the court or committee may, if satisfied that every owner, lessee and occupier of any of the land mentioned in paragraph (a) of this subsection has had an opportunity of appearing before them, make a further declaration that a public right of way as specified in the declaration subsisted over that land at that date.

(5) Where, in the case of an application under paragraph (b) or paragraph (c) of subsection (1) of this section, the court or committee do not make the declaration sought by the applicant, but the true nature of the rights conferred on the public by the public right of way in question or, as the case may be, the true position or width of the part of the land over which the public right of way subsisted at the relevant date (being different both from that specified in the application and from that indicated in the provisional map and statement) is proved to the satisfaction of the court or committee, the court or committee may make a declaration accordingly: Provided that the court or committee shall not make a declaration under this subsection unless they are satisfied that every owner, lessee and occupier of any land which would be affected by the declaration has had an opportunity of appearing before them.

(6) A declaration under paragraph (d) of subsection (1) of this section shall not be made unless the matters to be stated in the declaration have been proved to the satisfaction of the court or committee hearing the application.

(8) Subject to the last foregoing subsection and to the next following section, a declaration made under this section shall be conclusive evidence of the matters stated in the declaration.