How to protect your land against new Public Rights of Way...

It is possible for members of the public to claim a new footpath or bridleway across land if an owner fails to protect against this claim. When routes are used without permission, without secrecy and without force for a certain length of time, a claim can then be made to the Local Authority to dedicate a new public right of way.

The pandemic has vastly increased public interest in access to the countryside and this does not show any sign of slowing down, and it is good practice for farmers and landowners to protect their land against such any claims.

This is even more important if a landowner is aware that footpath and bridleway users often stray from a given route, or access land where there are no public rights of way at all.

In order to try and protect land against such a claim it is possible to submit a declaration under the Highways Act 1980 Section 31(6) which allows landowners to state that they do not intend to dedicate any rights over their land. This can help to protect against any claims in the future, over a period of 20 years.

The process involves the landowner depositing a scale map and a statement showing the public rights of way across the land, or showing that there are in fact no public rights of way across the land. The landowner then submits a declaration to this effect and the deposit is recorded on a register for public viewing at the Local Authority. The landowner must renew this declaration at least every 20 years. Local Authorities usually charge for these deposits and declarations.

It is worth noting that any change in land ownership, either by sale or transfers within the family would require submission of a new deposit and declaration. It is common within most Agricultural Tenancy Agreements to have a clause to say that the Tenant should prevent any new footpaths from being made over the land. Tenants should advise Landlords if they think a deposit would be beneficial.

Submission of the above gives a strong case to prevent new rights being claimed. In addition robust signs and photographic evidence of this will also help to show a landowner has tried to interrupt the use of the land.

Please contact Sarah Hogg if you would like to discuss any aspect of this in more detail.

Tel: 01904 489731.

Email: [email protected]