I'm sure somebody will correct me if I'm wrong but I think the land still belongs to the farner for instance, he just has to allow access to the public and so long as he does not block, or do anything to endanger the public he can use the land as he likes, subject to planning permission, I don't know if they still do it but volounteers would walk public footpaths to check that landowners were actually keeping the way properly clear and the safe and to actually maintain the right as if the land owner could prove no one had used the way for a certain time it would lapse. It also worked the other way, the access road to pit I worked at was a private road that also ran as a short cut to several farms and a small villageand was open to the public, but evvery year at Christmas the security barrier was lowered and locked to maintain it's status as a private road. If you've any doubts check with the council they used to have people who only dealt with right of way issues