Protecting your land
Regular use by the public of an informal path, can result in those rights being formalised and recorded. As a land owner you can protect your land against claims for public rights of way rights, by showing that, at the relevant time, you did not intend these rights to be acquired. This can be done by physical actions such as displaying notices, fencing the land or locking gates.
A new right of way over any land which has been used and enjoyed by the public uninterrupted for a full period of 20 years can be deemed to be dedicated as a highway unless you can clearly demonstrate that you did not intend such an outcome.
How you can prevent a claim
It is possible to protect yourself from subsequent claims that a public path has come into being by deemed dedication by making a deposit under Section 31 of the Highways Act 1980.
As of 1 October 2013 under the Growth and Infrastructure Act 2013 statements can now be made in respect of a right of way, or a town and village green or a statement which covers both. The statements will need to be renewed every 20 years. Any deposits/ statements made prior to 1 October 2013 will continue to be valid for the ten year period only as cited in the 'Dedicated Highways (Registers under Section 31A of the Highways Act 1980) (England) Regulations 2007.
Landowner statements
A landowner statement applies specifically to greens. For land which has been subject to recreational use without force or permission, landowners may now deposit a statement and map the effect of which is to interrupt such a period which brings an end to the recreational use ‘as of right’ – meaning without force, secrecy or permission. A landowner may then within 20 years of the original statement and map, lodge a formal declaration to the effect that it will again interrupt any such recreational use.
Statements for land outside of Luton
Statements for land within the Borough are held by Luton Borough Council. We cannot accept applications for land outside that area.
If you want to make statements for such land we can advise you who to contact in neighbouring authorities.
Highways statements or highways declarations
For rights of way, under section 31(6) of the Highways Act 1980, landowners can deposit a statement and map acknowledging which ways (if any) they admit to having been dedicated as highways. This challenges the public’s use of any other way(s).
As a landowner, you may then within 20 years of the original statement and map lodge a formal declaration to the effect that no additional way(s) has been dedicated. Such a declaration will be sufficient evidence to negate the intention to dedicate additional ways as highways.
Permissive paths
Landowners may give permission by a formal agreement with us to use paths or tracks over their land that is not public rights of way. Usually referred to as 'permissive paths', they are not covered by rights of way legislation and there is usually no intention that they should become public rights of way. Notices may be erected at each end of the path to this effect and cover additional restrictions on use that may apply. If you require any further information please contact us at the above address.
Please remember it is an offence to use any right of way in a reckless or careless manner, or without consideration of other users.