A public right of way can come into existence by :-
express dedication, say by the landowner or developer. In this manner, there can be little doubt to the path’s existence.
presumed dedication by public usage. This may occur when a clearly identified way of a highway character has been used, as of right, for a continual 20 year period. However, there are many tests to such claims that ultimately may have to be put before a Public Inquiry.