The path links Withington Avenue and Warrington Road, at Culcheth and is close to Culcheth High School.
A number of local residents have given evidence claiming to have used it as far back as 1964 without ever being told they were trespassing.
In July last year, the borough council’s traffic committee approved the order adding the path to the definitive footpath map.
Landowners Peel Investments asked for more time to produce evidence in respect of the ownership of the land – but the committee refused to grant more time because of the length of time already given.
After the making of the order was approved, a nearby farmer claimed he and his family had had a tenancy of the land, including the alleged footpath, since 1989.
He said he had seen people on his land, including the footpath, and had told them they should not be there because it was private land.
Most were elderly or middle-aged walkers, some with dogs. He had also chased children off the land. He had never erected any notices on the land to say it was private, however.
A report to the committee states that for the farmer’s action to be valid, in respect of the dedication of the footpath, they would have to have made it clear to members of the public that they were not on a public footpath.
There was no evidence to show that the farmer’s action had done this so there was no need to amend the decision made last year.
