How to protect your land from public rights of way claims

Surprisingly few landowners across the UK have deposited statements under section 31 of the Highways Act 1980 with their local authority.  These statements acknowledge the public rights of way affecting their land.  Without such a statement third parties are still able to claim the existence of a public right of way.

If someone can show that a way has been used, without the landowner’s permission, for more than 20 years, and if there is no contradictory evidence, that way is presumed to be a highway.

The best method for a landowner to crystallise the position is to deposit a map and statement with their Local Authority setting out those rights of way known about and acknowledged by the landowner.  Once deposited, the map and statement set out the definitive position and, to remain effective, need only be renewed every 20 years.

In addition, a landowner should erect clear signs on any ways on their land with potential for a claim.  The signs should state the landowner’s intention not to dedicate a particular way as a highway.  In the case of a claim by a third party, such signage (if consistently maintained) should be sufficient to negate that claim and prevent further rights of way from being acquired.

The 20 year period applies retrospectively from the date when the public’s right to use the way is first brought into question.  Landowners should note that the deposit of a statement has no effect on any public right of way already noted on the definitive map or in respect of any application to claim a public right of way through 20 years’ use if that claim has already been submitted.

Preparation and submission of the section 31 statement and map offers peace of mind for the landowner and for future generations as well as providing clarity for members of the public as to the location of acknowledged rights of way.

Section 31 applies only to public, not private, rights of way which can still arise, although clear and consistent signage could assist with defeating a private claim.

If you have any queries about preparation of a statement please feel free to contact us.