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It sets out the evidential force of different document types, noting that evidence variations and anomalies can occur even when sources appear nominally similar. The paper clarifies the courts’ approach, highlights how established law should be presented, and guides applicants on using relevant pages alongside judgments and statutes.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/lost-ways-maps-and-records-at-law-definitive-map-modification-orders-historical-documentary-evidence-and-the-law/295254/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/lost-ways-maps-and-records-at-law-definitive-map-modification-orders-historical-documentary-evidence-and-the-law/295254.png","ImageObject",300,407,{"name":92,"@type":93},"Oliver Hayes","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-11","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":44},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the purpose of the paper on historical documentary evidence for order applications?","Question",{"text":112,"@type":113},"It sets out the British Horse Society Access Department’s view on different types of historical documentary evidence and their relevance to research, evidential statements, determinations, appeals, and outcomes.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How does the paper treat variations in historical documentary evidence?",{"text":117,"@type":113},"It explains that evidence can vary, sometimes in anomalous ways, between units of nominally the same evidence, so evaluation and weight matter in practice.",{"name":119,"@type":110,"acceptedAnswer":120},"Can order applicants rely on this paper alone when preparing submissions?",{"text":121,"@type":113},"Applicants may use relevant pages, but it does not replace providing copies of judgments and statutes alongside the actual evidence to which they apply.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},295254,1791386771,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":44,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},687207020761,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","Lost Ways: Maps and Records at Law  \nDefinitive Map Modification Orders:  \nHistorical Documentary Evidence and the Law  \nThis paper sets out the British Horse Society Access Department’s view on different types of historical documentary evidence which, variously, are relevant in research for order applications, evidential statements for order applications, determination of applications, appeals against refusal and order determination. This paper aims to provide better consistency in understanding the issues, so that submissions at any stage of the process drive better consistency in outcomes.  \nThe book Rights of Way: Restoring the Record1 sets out what the various types of documentary evidence are and what they show, while this paper sets out the evidential force that each type has. This assessment is not prescriptive. In most types of documentary evidence there are variations – sometimes anomalies – between units of nominally the same evidence.  \nPractitioners in the process may hold different views than those expressed here. This paper seeks to set out the view of the courts, or to clarify what is said in often old statutes. Nothing here prevents different interpretations, but the Inspectors who ultimately determine a case will generally follow what is seen to be the established law at the time. It is important that the established law is sufficiently set out for each topic, and is presented in each appropriate situation.  \nOrder applicants and supporters may use appropriate pages of this paper in their work, or copy/paste relevant parts. This does not replace the need to provide copies of judgments and statutes alongside the actual evidence to which these apply.  \nThis paper is not exhaustive, and the judicial view of types of evidence changes overtime. Readers are invited to correct errors and supply additional materials. Contact the authors at:  \n[access@bhs.org.uk](access@bhs.org.uk)  \nUnderlining in the case and statute extracts is by the authors.  \n1 Rights of Way: Restoring the Record. Second Edition 2017. Sarah Bucks & Phil Wadey. ISBN 978-0-9574036-1-1  \nContents  \nMap evidence: ‘lost ways’ 4  \nMap evidence: evaluation and appropriate weight 6  \nCommercial maps: ‘cross road’ & ‘parochial road’ 11  \nInclosure Acts & awards: bringing highways into being 17  \nTithe commutation records 29  \nFinance Act 1910: roads ‘coloured-out’ on valuation plans 33  \nRailways: highways and roads affected by proposed railways 39  \nTurnpike roads 45  \nQuarter Sessions: highway cases as evidence of status 47  \nQuarter Sessions: indictments, and meaning of ‘common highway’ 51  \nCouncil highway records: ‘handover maps’ 1929–30 53  \nCouncil highway records: Restriction of Ribbon Development Act 1935 55  \nThrough route: rural culs-de-sac are unlikely 56  \nThrough route: ‘to XXX’ and ‘from YYY’ labels on roads on old maps 59  \nThrough route: old maps not showing roads across commons 60  \nTopography & character of roads: evidence of public status 62  \n‘Guide Posts’ at highway junctions, as shown on Ordnance Survey maps 64  \n‘Lane’: the meaning of 66  \nSettled land: effect on dedication of highways 67  \nWidth of historical bridleways & byways 68  \nLimitations and conditions 78  \nReopening the issue of public status 81  \nMap evidence: ‘lost ways’  \nThis section refers to types of evidence discussed in: Rights of Way Restoring the Record: Second Edition 2017 Early County and Area Maps, p.31  \n1. ‘Once a highway always a highway’. In Dawes v. Hawkins [1860] 8 CB (NS)  \n848, 141 ER 1399. Byles J [858]  \n“It is also an established maxim,– once a highway always a highway: for, the public cannot release their rights, and there is no extinctive presumption or prescription. The only methods of legally stopping a highway are, either by the old writ of ad quod damnum,2 or by proceedings before magistrates under the statute.”3  \n2. This means that a highway is not lost simply because it has fallen out of use and become forgotten.4 Finding and recording li","cbCailIEbNAKvDoJ","https://ap.wps.com/l/cbCailIEbNAKvDoJ","pdf",1471051,84,"English","# Map evidence: ‘lost ways’\n## Map evidence: evaluation and appropriate weight\n## Commercial maps: ‘cross road’ & ‘parochial road’\n## Inclosure Acts & awards: bringing highways into being\n## Tithe commutation records\n## Finance Act 1910: roads ‘coloured-out’ on valuation plans\n## Railways: highways and roads affected by proposed railways\n## Turnpike roads\n## Quarter Sessions: highway cases as evidence of status\n## Quarter Sessions: indictments, and meaning of ‘common highway’\n## Council highway records: ‘handover maps’ 1929–30\n## Council highway records: Restriction of Ribbon Development Act 1935\n## Through route: rural culs-de-sac are unlikely\n## Through route: ‘to XXX’ and ‘from YYY’ labels on roads on old maps\n## Through route: old maps not showing roads across commons\n## Topography & character of roads: evidence of public status\n## ‘Guide Posts’ at highway junctions, as shown on Ordnance Survey maps\n## ‘Lane’: the meaning of\n## Settled land: effect on dedication of highways\n## Width of historical bridleways & byways\n## Limitations and conditions\n## Reopening the issue of public status","[{\"question\":\"What is the purpose of the paper on historical documentary evidence for order applications?\",\"answer\":\"It sets out the British Horse Society Access Department’s view on different types of historical documentary evidence and their relevance to research, evidential statements, determinations, appeals, and outcomes.\"},{\"question\":\"How does the paper treat variations in historical documentary evidence?\",\"answer\":\"It explains that evidence can vary, sometimes in anomalous ways, between units of nominally the same evidence, so evaluation and weight matter in practice.\"},{\"question\":\"Can order applicants rely on this paper alone when preparing submissions?\",\"answer\":\"Applicants may use relevant pages, but it does not replace providing copies of judgments and statutes alongside the actual evidence to which they apply.\"}]","Lost Ways: Maps and Records at Law - Definitive Map Modification Orders - Historical Documentary Evidence and the Law | PDF",1789715674,212]