Resources for Documentary Research of Unrecorded Rights of Way
The National Archives is the best national source for documentary evidence with an online search and reserve facility. Those searching for records relating to commons, greens or open spaces may find this index (1MB pdf) useful although it is now several years old.
Our 1910 Finance Act Valuation record finder overlays the modern OS Landranger map with approximate grid lines from the OS County series mapping. Select a square to give the TNA IR map reference (for the 1910 Finance Act records) and the OS map sheet.
Database of inclosure awards/maps associated with Kain, Chapman and Oliver’s book The Enclosure Maps of England and Wales, 1595-1918 which is a record of all the inclosure awards that can be searched online for details (including location) of a specific award or provide a list of awards for a parish or county.
Know Your Place has various sources depending on county for Bristol, Somerset, Gloucestershire, Wiltshire and Devon.
Tithe records are available on The Geneaologist (subscription only)
The Cynefin project has tithe maps for Wales.
Turnpikes by county and a wealth of other information www.turnpikes.org.uk.
The Ramblers has an excellent page of sources, national and local which is worth checking for any online records in your area. It is frequently updated as new resources are found, so keep checking.
Old maps and documentation will commonly use the term 'cross road' as a class of route (not to be confused with the junction known as a crossroads). Susan Taylor researched the use and origin of the term and published What is a Cross Road? in 1997. It is now out of copyright and can be freely used to substantiate applications for definitive map modification orders where the term is used.
Use of the term Private Carriage Road in inclosure awards opens a large debate on whether or not public rights were intended. An ongoing BHS project considers this matter and its relationship with unrecorded rights. Latest version
Ordnance Survey Maps before the Depiction of Public Rights of Way is an article by Catriona Cook MBE which looks closely at contemporary evidence on public use of Ordnance Survey maps for travel and recreation using minor highways, long before the definitive map and its data. The paper helps refute the OS disclaimer on depiction of rights of way.
Ordnance Survey Instructions to Field Examiners
Victoria County History Institute of Historical Research
The Gazette (official record, used to be 'The London Gazette'), for publishing required notices, e.g. of the definitive map being published.
Mapping
Old maps and documentation will commonly use the term 'cross road' as a class of route (not to be confused with the junction known as a crossroads). Susan Taylor researched the use and origin of the term and published What is a Cross Road? in 1997. It is now out of copyright and can be freely used to substantiate applications for definitive map modification orders where the term is used.
Our 1910 Finance Act valuation records finder overlays the modern OS Landranger map with approximate grid lines from the OS County series mapping. Selecting a square give the TNA IR map reference and the OS map sheet.
Bodleian Library OS Area Books (England)
Bodleian Library OS Area Books (Wales)
Charles Close Society Sheetfinder
Vision of Britain has nineteenth and twentieth century Ordnance Survey mapping which is a handy ready reference between visits to libraries or records offices, as does Old Maps, including larger scales but with watermarking on print. Vision of Britain also has the index maps for the 2nd Edition County Series (25") which are most easily reached from the list of counties on wikipedia.
The National Library of Scotland has OS mapping online from 1795-1961 and Bartholomew's maps. The 1st edition OS 25" is particularly valuable. The advantage of this map is the ease with which it can be compared with the current OS 25,000.
British Library map collection Ordnance Survey drawings (requires Google Earth). Georeferencing the maps began in the south and at June 2012 had progressed to the north Midlands and Lincolnshire.
The Society for All British and Irish Road Enthusiasts is primarily about blacktop and motors but there are some useful maps for research including old OS maps, county maps, Bartholomew and others.
Mapco has some county maps from 1789 to 1883, primarily of south east. The page says more maps coming soon, so worth a look.
British Library georeferenced maps
David Rumsey Map Collection (Stanford University)
The Map House (useful digital copies of historical maps for sale)
Aerial Photography
Historic England has aerial photography in its archives from early twentieth century. Not all have been digitised or available on the web but you can request a free search of resources for your area or go to the Archive at Swindon.
National Library of Scotland has some aerial photographs from 1944-1950 for England as well as Scotland.
Highway Law eBooks
Halsbury's Laws of England (first edition). Vol 16 is highways, Vol 27 is streets.
A treatise on the law relating to highways: comprehending turnpike roads, public bridges and public footpaths Robert Welbeloved, 1829
The law of highways: in England and Wales; comprising highways in districts under boards of health and of local government Leonard Shelford, 1862
Bridges, Law and Power in Medieval England: 700-1400 Alan Cooper, 2006
A treatise on the law of ways, including highways, turnpike roads and tolls, private rights of way, bridges and ferries Humphry William Woolrych, 1829
The parish officer: comprising the whole of the present law relating to the several parish and union officers John Frederick Archbold, 1858
Law
The Statute Law database for UK legislation is under continuous review with older acts being added daily. Acts are shown with amendments from subsequent legislation and with details of what has come into force.
New bills currently passing through Parliament can be viewed and their progress monitored.
British and Irish Legal Information Institute covers case law, predominantly recent material, but the coverage varies and both old and new content is added ad hoc. BAILII is a valuable resource for those without access to a law library and relies on voluntary funding. Please consider supporting it: there is a facility to donate on its website.
Older reports are available in the Commonwealth Legal Information Institute database.