Public Rights of Way - Section 31(6) of The Highways Act 1980
Section 31(6) of The Highways Act 1980 gives landowners the opportunity to prevent further Public Rights of Way being recorded on their land. The landowner can deposit a statement and map, which acknowledges the Public Rights of Way (if any) on their land, with the Rights of Way team.
Within 20 years, the landowner must then lodge a declaration confirming that no new rights of way have been dedicated since the map and statement were deposited. A renewal declaration must then be made every 20 years.
The deposition provides a degree of protection against any claims of rights of way based on deemed dedication. However, it does not offer evidence regarding lack of intention to dedicate, on a claim of 20-year period of uninterrupted use which expired prior to the initial deposit of the map and statement or where a right of way has been established based on historical evidence.
Applications must be made using the CA16 application form available on GOV.UK
More details on the purpose of the Section 31(6) application can be found in the government's guidance for the completion of form CA16.
Fees
- registration of a Highway Statement and/or Landowner Statement, including erection of site notices for a Landowner Statement, for one parcel of land: £350
- registration or renewal of a Highways Declaration and/or Landowner Statement, including erection of site notices for a Landowner Statement, for one parcel of land: £350
- registration or renewal of additional parcels of land: £50 per parcel
- erection of additional notices at the request of the landowner: £25 per notice.
Current statutory declarations under Section 31(6)
Bournemouth Central Gardens, Bournemouth
Date of declaration / deposit: 4 November 2016
Date of expiry: 4 November 2036
Horseshoe Common, Bournemouth
Date of declaration / deposit: 22 February 2016
Date of expiry: 22 February 2036
Hurn Estate, Christchurch
Date of declaration / deposit: 5 March 2019
Date of expiry: 5 March 2039