A DISPUTE over public right of way on farmland is to be resolved this week.

Durham County Council will be holding a meeting on Friday to determine if the track at The Hollow, Howden-le-Wear, should be included on the definitive map of public rights of way.

Landowner Fred Wilson,erected and padlocked a gate across the path in 1998.

His actions prompted residents to submit evidence to county council highways officers about the historical use of the path and to request that it be officially recognised.

A report to the meeting says that a track can be deemed to be a public highway where "it has been actually enjoyed by the public as of right and without interruption for a full period of 20 years".

The council has been looking at the period between 1978 and 1998, when the gate was locked by Mr Wilson.

Consultations have been carried out with the local councillor Bob Pendlebury, Wear Valley District Ramblers and user groups.

In his evidence, Coun Pendlebury said he has used the path for 63 years.

Members of Crook and Weardale Ramblers have also stated they remember it being used from at least the 1940s.

The report says that of 36 users who returned evidence forms, 17 claim more than 20 years usage and the earliest recollection is 1931, which the council says demonstrates "use by the public".

Maps of the area suggest that the track has existed for some time, and is first shown on an Ordnance Survey map from 1856.

Mr Wilson, who declined to comment, has objected to the alleged public footpath and has submitted his own statement.

He says a court judgement of 1996 declared there was no public access along the route.

He also argues that part of the route was previously used as a scrap yard which prevented public access, and that he sometimes locked the gates anyway during the examined 20-year period without any problems.

The report says that while there is some conflict of evidence, there appears to have been nothing to prevent the path's use for the relevant period and no intention of the farmer to prevent the route being used by the public until 1998.

Officers will recommend an order to include the footpath on the definitive map.