Arecer,
The law is that you must have used the way while the landowner (or his agent) has ‘dedicated’ it. It’s called deemed dedication. I.e. they had an intent to dedicate it as a RoW.
Ways that he might not have shown deemed dedication is to lock a gate, to put up a sign saying ‘no right of way’ or to have thrown a few people off now and then. Also if you once used a path, 30 miles away from his farm, on a moor in the middle of the night, you’re never going to prove (to the magistrates) that the landowner was giving dedication.
If he gives permission then that is as good a locking a gate. It shows there is not normally a dedication but this time I give permission.
Does that make sense?
C
