NFU Panel Firm Warners Solicitors supported the member after the Open Spaces Society applied to record a public footpath over their land.
The member has undisputed public rights of way over the land but also a route which links to public rights of way.
They maintained that the route was no more than an occupation road, a private track over the farm.
Claims by ramblers that the route was a public right of way had been going on for decades but in 2021 a formal application was made by the Open Spaces Society for a definitive map modification order, effectively upgrading the route to a public footpath.
The complex case that followed included research into the historic use of the path over the past 150 years by both sides, and engaging a rights of way consultant to produce a comprehensive report for the member.
In September 2023, the local council decided in favour of the Open Spaces Society, ordering that the route should be added to the definitive map as a public footpath, but the member objected.
'Invaluable support from the scheme'
Defra appointed a planning inspector to hear the case, and he has now ruled that the order should not be confirmed.
The inspector decided that, although there was evidence the route could have historically been a public right of way, the evidence in support of the application was not enough to establish that it was a public right of way on the balance of probabilities.
It was a close decision, with the inspector referring to the evidence as ‘very finely balanced, with well-reasoned arguments on both sides’ but he decided in favour of the member in May 2025.
Warners Solicitors Partner Michael McNally said: “Throughout the case, the NFU’s Legal Assistance Scheme provided invaluable support, contributing substantially towards the member’s legal costs.
“Given how difficult and expensive these public rights of way cases are, the support from the NFU was essential to the successful outcome of the case."