Bridleways and Public Footpaths on Farmland: A Guide for Landowners

Published: 25/11/2024 By Ashleigh Stokes

Public rights of way are integral to the countryside, enjoyed nationwide by walkers, cyclists, horse riders and many other users. Farmers and landowners have a duty of care to keep paths clear and accessible, and in most cases, these designated routes are used without any issue.

However, public right-of-way claims can be complicated and frustrating, particularly those with land close to residential development, built-up areas, or where members of the public may venture onto land where no right of access has been granted.  Ashleigh Stokes, Rural Surveyor from our Salisbury office, explains the steps that can be taken to prevent this from occurring.

Section 31(6) of the Highways Act 1980 allows landowners to effectively prevent rights of way from being granted by demonstrating a lack of intention to create a right of way.  

There are two preliminary steps to securing this:

1. A submission to the Local Authority containing
   • A Highways Statement
   • A detailed plan of the land owned and showing any public rights of way (if any already exist)
2. A Highways Declaration 

The statement and plan alone do not prevent the land from becoming a public right of way. They must be followed by a Highways declaration under section 31(6) of the Highways Act 1980 stating whether there are any changes to the previously deposited statement. If there are none, the landowner would confirm that they do not intend to dedicate a right of way in any other manner. The declaration must be re-lodged with the Local Authority within each successive 20-year period to prevent any land from being recorded on the definitive map as a highway.

The s.31(6) statement and declaration alone do not prevent a public right of way from being granted by other means but would prevent claims for additional routes by prescription.

Symonds & Sampson’s rural surveyors can assist with any queries relating to Rights of Way and a wide range of services; please get in touch with Ashleigh Stokes on 01722 334323 or Rural and Agricultural experts in your nearest Symonds & Sampson office.