Respected agriculture and rural affairs expert Helen Gough has voiced her concerns that landowners could see public rights of way being entered onto the Definitive Map affecting their land if they have allowed the public to use and cross it whenever they wish.
To help address the issue Miss Gough, an associate at law firm mfg Solicitors, has vowed to support landowners and guide them through the process of lodging a Notice under Section 31 of the Highways Act 1980 which will stop the creation of any new routes.
Miss Gough said: “Section 31 is a simple but vital method available to a landowner who wants to protect their property from becoming subject to a public right of way - but it is still surprising that many fail to ensure they are giving their land the protection it needs.
“Notices lodged after 1 October 2013 protect land for 20 years, however those lodged prior to that are still subject to the ‘10-year renewal process’, so I have been urging landowners to check dates and ensure they are covered. Failure to renew the application means that landowners are once again exposed to the potential threat of an application for a public right of way to be registered across their land on the Definitive Map.
“The local authority will charge a fee to register a Section 31(6) Notice so it is important that the process is followed properly and landowners receive the right advice before parting with their money.”
In order to complete the process an applicant will need to deposit a suitable map and lodge a statement or a declaration with their local council to prevent a new right of way being acknowledged. Although Section 31 will prevent new rights of way being created, it will not remove existing ones or eradicate those which may have already been established by past use.
Miss Gough added: “People have to be left in no uncertainty that land is privately owned property with signs clearly stating that there is to be no unauthorised access. This is the responsibility of the landowner.
“But the most important thing is to not delay, get the S31 Notice lodged, and check that older notices are not about to lapse, especially if landowners are looking at development plans as a right of way would severely hinder those. Once that right of way is created, the old maxim “once a highway, always a highway” will apply and then it is exceptionally difficult and costly to try and get it removed.”
