Rights of Way - Get Off My Land!!
Much has been made recently of open access and the ‘right to roam’ legislation but one of the leading firms of rural property consultants, Fisher German warn that this is limited to certain areas shown as open country and common land on the Countryside Agency’s maps.
“People often forget that Public Rights of Way, such as a footpath or bridleway can still be created by twenty years of uninterrupted use, “ says Stephen Rutledge from the firm’s Banbury Office.
“Not only do Public Rights of Way sometimes give rise to confrontation between landowners and the public using them, but they can also have a bearing on the value of property,” he says.
 | County Councils have a duty to investigate claims for a right of way and one of the first questions they will ask is, “Has the landowner taken sufficient action to make it clear to the public that they have no right to cross the land in question?” This question is not always easily answered, particularly as over time, fences deteriorate and notices can be removed. |
Stephen adds: “Thankfully the Law recognises there are problems and provides for landowners to make their intentions clear. Under Section 31(6) of the Highways Act 1980, landowners can protect their property by submitting Statements and Maps with the Council. The result is that any public use of the land after the submission to the Council will not count towards the twenty years use necessary to establish a new Right of Way.”
Stephen advises landowners where rights of way may be an issue to seriously consider making such a submission: “it is not always easy to police the public’s use of land and making a Section 31 (6) deposit is a relatively simple and inexpensive process that could preserve the value and enjoyment of your property.
"Although there are limitations with the process, it provides a valuable line of defence for landowners. I would suggest that any landowner first of all examines the Definitive Map to ascertain what Public Rights of Way are legally recorded over the land, then get a Chartered Surveyor or Solicitor to produce a Statement and Statutory Declaration for submission to the Local Authority. A fresh deposit should then be made after ten years,” he adds.
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