Have all you landowners completed a Statement under Section 31(6) Highways Act 1980 against dedication of a Public Right of Way on your land ?If not, you are AT RISK….of a claim based on Use for 20 years which has been exercised without challenge or interruption by the landowner…

Have all you landowners completed a Statement under Section 31(6) Highways Act 1980 against dedication of a Public Right of Way on your land ?If not, you are AT RISK….of a claim based on Use for 20 years which has been exercised without challenge or interruption by the landowner…

If you think that there is any possibility of your land being claimed either now or in the future as any kind of Public Right of Way then ACT NOW.

Put up signs to make it quite clear that there is a ’lack of intention to dedicate’

 Section 31 Highways Act, 1980
No public right of way

 Section 31 Highways Act, 1980
No public right of way
This notice was erected by…….

The notice must be VISIBLE, LEGIBLE, OBVIOUS and clearly relate to the land it seeks to protect.

If you do not do this you will be deemed to have ‘dedicated’ your land!

A landowner can show that they have no intention of dedicating a public right of way or challenge recreational use in relation to a town or village green if they undertake ‘overt’ actions to make it clear to the public that they have no ‘right’ to cross or be on their land.

An overt action may be:

  • The erection of carefully worded notices sited in relevant locations
  • The regular locking of a gate
  • Challenges to users of the way or area, making a note of dates, times and names if possible
  • The depositing of a statement and map followed by a subsequent declaration under section 31(6) of the 1980 Act for public rights of way or a statement under section 15A of the 2006 Act for village greens. 

Even if you already have a footpath crossing your land you still need to be alert for cyclists! Follow the link for ‘We are Cycling’

https://www.cyclinguk.org/campaigning/views-and-briefings/public-footpaths-england-wales

The suggestion is that………

If you can get away with breaking the law for 20 years then you can be rewarded!!!!!

Quote from We are Cycling

“Although there is no legal right to cycle on footpaths, some are regularly used by cyclists.

If enough cyclists and/or other users such as equestrians use a footpath in this way without the landowner challenging them for (usually) 20 years……….

then a bridleway or a restricted byway may be claimed through ‘presumed rights’ under s31 of the 1980 Highways Act.”

Commons Act 2006: landowner statements, highways statements and declarations form


https://www.gov.uk/government/publications/commons-act-2006-landowner-statements-highways-statements-and-declarations-form

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