Keep on track with public rights of way
We are reminding farmers and landowners how to protect themselves against the creation of unwanted public rights of way across their land.
The use of a specific route by members of the public for a period of time – usually 20 years plus – can lead to an application for a permanent right of way.
To prevent this, under section 31(6) of the Highways Act 1980 landowners can deposit a statement and a declaration with their local authority acknowledging public rights of way across their land and stating that, at that time, they have no intention to dedicate any further public rights of way.
The requirements for establishing that a claimed route should be added to the definitive map as a public right of way are that it has been used freely by the public, without permission and for an uninterrupted period of at least 20 years.
A valid deposit under section 31(6) stops time running forward for the acquisition of public rights by usage, and constitutes an effective challenge for any future claims, unless it can be shown that the route was used for at least 20 years before the date of the statement or declaration, or the claim is based on documentary evidence.
Kathryn Williams, director at Davis Meade Property Consultants
