Published: 28/11/2023 By Ashleigh Stokes
Public right-of-way claims can be complicated and frustrating for landowners, particularly those with land close to residential development, built-up areas, or where members of the public may venture onto land. Section 31(6) of the Highways Act 1980 can effectively prevent rights of way from being granted in this manner by demonstrating a lack of intention to create a right of way.
Ashleigh Stokes, Rural Surveyor from our Salisbury office explains the process:
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)
The statement and plan alone do not prevent the land from becoming a public right of way but 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, you would confirm that you 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 members of the public from claiming additional routes by prescription.
For advice relating to Rights of Way or any aspect of Rural Property please contact Ashleigh on 01722 334323 or Rural and Agricultural experts in your nearest Symonds & Sampson office.