12.9, The formation of the Ordnance Survey in 1791 reflected the experience gained in the military survey of Scotland by William Roy, the intellectual founder of OS, and was in response to a military need for accurate maps of southern England in preparation for a possible Napoleonic War. Whilst the earliest one-inch maps were produced in response to these military concerns, there was a shortage of trained military surveyors and many of the early maps were produced by local civilian surveyors. The suggestion that all road or ways shown on the first edition of the one inch maps are of roads or ways suitable for wheeled artillery is likely to be no more than a generalisation. Of equal importance to the military would have been a map which ensured that the artillery could rely on the distances and angles for accurate gunnery.

12.10, Over the years, OS developed a variety of maps to meet the growing need for accurate and up-to-date maps of the UK.

12.11, The first one-inch maps (1:63,360) were produced in 1801 and covered Kent, part of Essex and London. It was not until 1873 that the whole of the UK was covered. They were relatively unsophisticated monochrome maps, with relief indicated solely by hachures. Inspectors may also be presented with copies of the Ordnance Drawings, which were carried out for southern England over the period 1789 – 1840. They were drawn to a variety of scales, 2 inches, 3 inches and 6 inches to the mile. Some of the drawings were made 20 years before the relevant one-inch map was published. Some larger scale drawings show footpaths which did not appear on the printed map. The drawings exhibit wide variations in accuracy, with marked contrasts in the care with which hills have been drawn on different sheets. (J B Harley, “Error and Revision in Early OS Maps”).

12.12, A demand for maps showing the countryside on a larger scale led to a six inch to the mile map of Ireland, (1:10,560). This was then extended to the rest of the UK. From 1840, the one inch maps of northern England and Scotland were reductions of the six-inch survey.

12.13, The industrial development of the Victorian era, followed by the rapid expansion of towns and communications, led to a demand for even larger scale plans. In 1858, it was decided to publish the whole of the UK on a scale of 1:2500 (approximately 25 inches to the mile).

12.14, The first edition OS maps, in the eyes of Colby, the Superintendent of the Survey, were prodigies of excellence in comparison with earlier maps, but it became apparent that some of the early one-inch maps suffered from errors as they had been made in a hasty manner during the war. This was particularly true regarding the maps for Lincolnshire, Hampshire and Lundy Island. In addition, the maps had been constructed using a mathematical projection which had some inherent inaccuracies at the extremes of the map to the north and south. To overcome this problem, the OS utilised a series of meridians for differing parts of England and Wales. As a result, roads and paths on adjacent maps at county boundaries do not always match precisely, and reflect the north/south errors in the projection. However, since this mismatch is created by the projection process used for the making of the map, the positional accuracy is not significant.

12.15, The process of refashioning the old County Series scale maps to National Grid standards was undertaken between 1948 and 1980. The process, referred to by the OS as ‘Overhaul’ or the ‘Cotswold Adjustment’, attempted to eliminate errors, particularly those of distortion and mismatching. The methodology used involved a degree of ‘cut and paste’ technique to align the former projection with the National Grid. Recent advances in global positioning systems and their ready availability have revealed positional discrepancies on the ground. These differences, where they occur, are normally of 3 – 5 metres, but can be up to 10 metres in places.

12.16, The status of routes on early OS maps is still a matter of debate at inquiries. The following points may assist in reaching a decision on the evidence provided by a particular map.

12.17, Bench marks were located along a line of levelling, and often followed lines of communication. However, they can also be found on rocks in the middle of private land. Consequently it cannot be assumed that a bench mark is indicative of a public right of way.

12.18, Access for surveyors was governed by The Survey Act of 1841, which gave surveyors virtually unlimited access. Thus, the indication of spot heights along a route would not necessarily be proof of a public right of way.

12.19, Instructions for surveyors laid down that their task was to show what was on the ground at the time of the inspection. The 1893 Dorrington Committee concluded that no inquiry by the surveyor could determine whether a path was a public or private one. Similarly, the 1905 Instructions for Field Examiners state ‘The OS does not concern itself with rights of way, and survey employees are not to inquire into them.’ However in the same paragraph, there is a note stating that ‘A clearly marked track on the ground is not in itself sufficient to justify showing a path, unless it is in obvious use by the public’. The instructions appear therefore to be somewhat ambiguous.

12.20, A number of other documents were produced in connection with the production of OS maps which can be of assistance in providing supporting evidence of the existence and status of some routes. Information on named routes may be found in the relevant Object Name Books, which provided details of the authorities for named features. Some of the County Series maps were accompanied by Books of Reference, which contain details of the numbered land parcels. Other sources of information include Boundary Remark Books and the subsequent Boundary Record Maps.

12.21, R Oliver, in his book ‘OS Maps – a concise guide for historians,’ states that Footpaths and bridleways were not normally identified as such on 1:10,560 and larger scale mapping prepared before c1883, although occasional exceptions are encountered, e.g. on several 1:10,560 or 1:2500 first edition sheets in Yorkshire , North Riding and southern Durham . Otherwise, particularly on 1:10,560 maps, foot and bridleways, tracks and very minor roads look much the same. From 1883 onwards, footpaths were shown by ‘FP,’ the object being that the public may not mistake them for roads traversable by horses or wheeled traffic. However, this does not indicate whether the ways were public or private. Oliver also states that pecked lines were used for features which were not obstructions to pedestrians, which were indefinite, or surveyed to a lower standard than usual. They could also be used to indicate overhead details such as electricity transmission lines.

12.22, From 1884 onwards, metalled public roads for wheeled traffic, kept in good repair by the local highway authority, were to be shown with shaded or thickened lines. The paper by Yolande Hodson ‘Roads on OS 1:2500 Plans 1884-1914’ (RWLR July 99) explains the background to this practice. Although she concludes that shaded lines are not necessarily an indication that such roads were public, the judgment of Hooper J in the case of Masters at first instance suggests that, in some circumstances, this may in fact be possible.

12.23, Most roads on OS 1:50000 maps are coloured according to their category, as identified in the key/legend. However, some minor ways may be left uncoloured. These are known informally as “White Roads.” The OS has consistently felt unable to identify the status of these minor ways which are described as “other road, drive or track.”

12.24, The areas of each field were published on 1:2500 maps, with a parcel number to identify the particular field. Bracing indicates parcels that were measured together. A road braced with a private field may be suggestive of private status. But this would be no more than the surveyor’s perception and would carry little evidential weight.

12.25, Public roads depicted on 1:2500 maps will invariably have a dedicated parcel number and acreage. It has been argued that all parcels which have the shape of a way and are so numbered and measured are therefore highways. This ‘reverse’ argument has not been substantiated. Such depiction is far from conclusive for the confirmation of highway status.

12.26, Until 1931, the OS and highway authorities used different systems to classify roads. Ministry/Department of Transport numbers began to appear on 1:2500 maps from 1938, and on 1:10,560 maps from 1945.

12.27, Later OS surveys and maps, especially the larger scale plans, clearly provide an accurate representation of routes on the ground at the time of the survey. The inaccuracies of the earlier projection were virtually eliminated by the development of an alternative form of map projection. However, it should be emphasised that the depiction of a way on an OS map is not, of itself, evidence of a highway. The courts have treated Ordnance Survey maps as not being evidence of the status of a way. For example, in the case of Attorney-General v Antrobus [1905] 2 Ch 188 at 203, Farwell J stated in relation to an Ordnance map of 1874:

“Such maps are not evidence on questions of title, or questions whether a road is public or private, but they are prepared by officers appointed under the provisions of the Ordnance Survey Acts, and set out every track visible on the face of the ground, and are in my opinion admissible on the question whether or not there was in fact a visible track at the time of the survey”.

12.28, Similarly, in Moser v Ambleside Urban District Council (1925) 89 JP 118 at 119, Pollock MR stated:

“If the proper rule applicable to ordnance maps is to be applied, it seems to me that those maps are not indicative of the rights of the parties, they are only indicative of what are the physical qualities of the area which they delineate......”

12.29, Nevertheless, the inclusion of a route on a series of OS maps can be useful evidence in helping to determine the status of a route, particularly when used in conjunction with other evidence (Section 2.22, ‘Evidential Weight’ refers).

Other post-1800 Maps

12.30, The 19 th century saw a considerable increase in the production of maps in the UK. Estate Maps were normally compiled by professional surveyors and are therefore likely to be reasonably accurate. However, they would not necessarily include any public rights of way which crossed the estate. They usually form part of a collection of estate papers, which may be deposited in county record offices.

12.31, Bryant and Greenwood produced well made maps, using surveyors and a triangulation system. Greenwood published surveys of 38 counties between 1817 and 1834, while Bryant covered 11 English counties between 1822 and 1835. There was considerable competition between them, with both publishing maps virtually simultaneously for Surrey (1822/1823) and Gloucestershire (1824). The competition between Bryant and Greenwood, and the other map makers, may explain why the standards of accuracy of some of the maps produced differ from county to county. Though Greenwood employed his own surveyor for his triangulation work, there was criticism by Thomas Hodgson, also a surveyor, that Greenwood’s system of measuring distances for his maps was based on ‘pacing’ not ‘chaining.’ Hodson suggests that the high costs of Greenwood’s surveys and the speed with which they were done, reinforces the view that his topographical mapping was imperfectly executed^{Footnote 1} .

12.32, Other map makers producing County maps at the time included Baker, Campbell, Donald, Drinkwater, Ellis, Fryer, Green, Hennet, Hutchings, Jeffreys, Lindley and Crossley, Phillips, Price, Ruff, Swine and Teesdale. Most of these businesses collapsed due to the increasing competition from the OS.

12.33, Maps produced to record specific activities, such as mining and encroachment, are generally good evidence of what they portray.

12.34, In 1901, the War Office was using large numbers of the half-inch series maps produced by Bartholomew. These had been reduced from OS maps, but Bartholomew’s maps included a new method of layer relief colouring, which was particularly popular with the War Office.

12.35, Some Motorists’ or Cyclists’ maps are occasionally quoted as evidence that routes had been used by vehicles prior to the date when the Road Traffic Act 1930 made the use of motor vehicles on bridleways and footpaths an offence without lawful authority. Certainly there is some evidence that the CTC (Cyclists Touring Club) corresponded with Bartholomew regarding routes used by their members. However, current evidence indicates that though Bartholomew were highly regarded as map producers, they did not employ independent surveyors to carry out any surveys on the ground nor to determine the nature and status of the roads on their maps. Moreover, they do not appear to have examined the legal status of the routes on their Cyclists’ Maps before colouring them for use as suitable for cyclists. Neither do they appear to have assessed the legal status of the roads on their Motorists’ Maps prior to publication. The paper by B Riley provides interesting background information regarding Bartholomew’s maps.

12.36, As a result of the OS taking HG Rowe and Co to the High Court in 1913 for infringement of its copyright, it was legally established that Rowe’s New Road Map for Cyclists and Motorists was no more than a direct photographic reduction from the OS map.

12.37, Commercial maps are rarely sufficient in their own right to permit the inference to be drawn that a route is a highway. However, combined with evidence from other sources, they can tip the balance of probability in favour of such status.

Aerial Photography

12.38, Aerial photographs may be presented at an inquiry in order to confirm the existence of a route at the time the photographs were taken. Confirmation is often difficult, especially if confirmation of a footpath is sought from a single photograph. Inspectors should bear in mind that it is hard to determine the correct orientation of the photograph unless the direction of the flight has been indicated on the back of the photograph. It is essential to try and find 3 points on the photograph which are shown on the map. Inspectors should check the orientation of the photograph with the map, and only then see if the path on the photograph matches that on the map. They should beware of the trap of making the map fit the photograph, and bear in mind that the scale of the map and the photograph is likely to differ. The time of day a photograph was taken can be significant, as shadows can hide or distort the line of a narrow path. An oblique photograph may also hide a number of features which exist on the map.

An aerial photograph cannot, of course, be taken as evidence of what rights might exist over a route, only that a route might be discernible on the ground at the date the photograph was taken.

Concluding Comment

Most maps are potentially helpful evidence. However, to quote Christine Willmore (‘Documentary Evidence’) What is looked for is a general picture of whether the route seemed important enough to get in to these documents fairly regularly. A one-off appearance could be an error.....consistent depiction over a number of years is a positive indication.

RWLR article ‘The evaluation of older maps’ July 1999, section 9.3, page 31

(June 2005)