
Had this response from one of the organsiations I contacted so looks like we may have a case

Lucy,
Your enquiry of 7th January has been passed to me, and describes a situation in which 'deemed dedication' may be relevant.
If the public has used a piece of land without interruption or challenge for several years, a right of way is presumed to have been dedicated, even though the landowner has made no formal dedication. However,
- the piece of land in question will usually form a linear link between parts of the legally defined public rights of way network;
- the minimum number of years (for qualification) is normally 20;
- the use must have been by the general public (eg not just a couple of local dog-walkers);
- the landowner must not have objected;
- the public's use must have been so open and frequent that the landowner ought to have known about it;
- the landowner must not have asked people to leave, put up a notice, locked a gate, or obstructed a path in order to exclude people.
If you wish to pursue this matter, I suggest you contact the public rights of way officer at Oxfordshire County Council.