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Farming Talk – November 30

Farming | Published:

Have you protected your land against claims of rights of way?

Sarah Howie, Howie, Kent & Co

New public rights of way can be adversely claimed on your land if members of the public can prove that routes have been used over a period of time.

To remove this risk, landowners can submit a declaration to their local council under section 31(6) of the Highways Act 1980, as amended by the Growth and Infrastructure Act 2013, to prevent any claims of new rights of way. Such a declaration will protect your property for up to 20 years.

Before 2013, a submission would last for 10 years, but since then this has been extended to 20 years. If you haven’t submitted a section 31(6) declaration for over 10 years, or have never made one, now is the time to think about it.

Howie, Kent & Co are able to submit a declaration to Shropshire Council on your behalf, putting together the required statement, plans and declaration.

If preventing the creation of any third party rights of way over your property is a matter of interest to you, please give us a call and we can discuss with you the advantages of being proactive in submitting a declaration which can help protect your property.

Sarah Howie, of Howie, Kent & Co

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