Private Land and Rights of Way

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)
2.            A Highways Declaration

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.







Meet the Farm Finance Team


Edward Dyke


Partner
Sturminster Newton

FRICS FAAV



Department: Rural and Agricultural, Professional, Sturminster Newton Rural and Agricultural

Speciality: Agricultural Tenancies, Agricultural Appraisals, AMC Boundary Disputes, Compensation, Compulsory Purchase, Contract Farming, Development Land, Diversification, Easements, Expert Witness, Farm Business Tenancies, Farms and Land, Grass Keep, Option Agreements, Options, Planner, Preparation of Plans for Land Registry, Probate, Promotions, RICS Registered Valuer, RICS Valuer, Tax Planning, Valuations, Valuations for Banks, Wayleaves
01258 474261
07787 128286
edyke@symondsandsampson.co.uk

Greg Ridout


Partner, Head of Agricultural Auctions
Frome Market, Yeovil

MRICS


Department: Yeovil Rural and Agricultural, Professional, Rural and Agricultural, Agricultural Auctions, Frome Market Rural and Agricultural
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, AMC, BPS, Compensation, Compulsory Purchase, Contract Farming, Diversification, Easements, Farm Business Tenancies, Farm Finance, Farms and Land, Grass Keep, Planner, Preparation of Plans for Land Registry, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Telecoms, Valuations

01935 382909
07817 517467
gridout@symondsandsampson.co.uk

A-J Monro (Andrew)


Partner, Head of Professional Services
Wimborne

BSC(Hons) MRICS FAAV APAEWE

Department: Rural and Agricultural, Professional, Wimborne Rural and Agricultural

Speciality: Agricultural Tenancies, AMC, Boundary Disputes, BPS, Compensation, Contract Farming, Development Land, Diversification, Easements, Energy, Expert Witness, Farm Business Tenancies, Farm Finance, Farms and Land, Grass Keep, Option Agreements, Options, Planner, Preparation of Plans for Land Registry, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Telecoms, Valuations, Valuations for Banks, Wayleaves



01202 882103
07867 555838
amonro@symondsandsampson.co.uk

Will Wallis


Partner, Auctioneer
Dorchester, Frome Market, Poundbury Burraton House

MRICS FAAV

Department: Rural and Agricultural, Dorchester Rural and Agricultural, Frome Market Rural and Agricultural, Burraton Rural and Agricultural, Professional
Speciality: Agricultural Tenancies, Agriculture, BPS, Contract Farming, Development Land, Farm Business Tenancies, Farms and Land, Grass Keep, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Valuations, Valuations for Banks


01305 236572
wwallis@symondsandsampson.co.uk

Patrick Woodford


Partner
Bridport, Poundbury Burraton House

MRICS FAAV

Department: Bridport Rural and Agricultural, Professional, Burraton Rural and Agricultural, Rural and Agricultural
Speciality: Agricultural Tenancies, Agricultural Appraisals, Biodiversity Net Gain,  Boundary Disputes, Compensation, Development Land, Diversification, Easements, Energy, Estate Management, Expert Witness, Farm Business Tenancies, Grass Keep, Option Agreements, Options, Planner, Preparation of Plans for Land Registry, Probate, Promotions, RICS Registered Valuer, RICS Valuer, Tax Planning, Valuations, Valuations for Banks, Wayleaves


01308 426922
pwoodford@symondsandsampson.co.uk

Jack Edwards


Partner
Salisbury

MRICS FAAV


Department: Rural and Agricultural, Professional, Salisbury Rural and Agricultural
Speciality: Agricultural Tenancies, Agricultural Appraisals, Agriculture, BPS, Compensation, Contract Farming, Diversification, Easements, Estate Management, Farm Business Tenancies, Farms and Land, Grass Keep, Option Agreements, Planner, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Valuations, Valuations for Banks, Wayleaves

01722 334323
07747 888385
jedwards@symondsandsampson.co.uk

Jack Curnick-James


Senior Surveyor
Devizes

MRICS FAAV


Department: Rural and Agricultural, Devizes Rural and Agricultural, Professional
Speciality: Agricultural Appraisals, Agriculture, AMC, BPS, Compensation, Compulsory Purchase, Diversification, Expert Witness, Farm Finance, Farms and Land, Grass Keep, Planner, Probate, RICS Registered Valuer, RICS Valuer, Rural Grants and Subsidies, Tax Planning, Valuations, Valuations for Banks



01380 710535
jcjames@symondsandsampson.co.uk