Guidance

Rights of way advice note 14: legal memory

Legal memory: the evidential value of ancient documents.

From:
Planning Inspectorate
Published
1 September 2003

This publication was withdrawn on

This advice note relates to policy and legal guidance matters, this responsibility falls outside of the remit of the Inspectorate. It has therefore been decided that rights of way advice notes produced by the Inspectorate will no longer be updated and will be archived on GOV.UK.

Applies to England and Wales

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Rights of Way Section: Advice Note No 14 - Legal Memory - The Evidential Value of Ancient Documents

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This Advice Note explains that in determining a public right of way case the concept of ‘legal memory’ has long ceased to have any place. This term refers to the period back to which user had originally to be shown for a claim based on long usage to succeed. By the early nineteenth century use for 20 years was accepted as being sufficient for this purpose and the year 1189 ceased to have any relevance in this context.

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Published 1 September 2003

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