Deposit of Statement and Statutory Declarations

Section 31(6) of the Highways Act 1980

With the Countryside and Rights of Way Act 2000 introducing the 'right to roam' across mountain, moor, heath and down together with ongoing government initiatives encouraging open access to the countryside, landowners are starting to feel the significant affect on their ability to manage and maintain the same.

As an increased proportion of the population chose to be in the great outdoors, landowners and primarily farmers with public rights of way crisscrossing their land often end up paying the price. In accordance with paragraphs 1, 2 and 3 of Schedule 14 to the Wildlife and Countryside Act 1981, members of the public can submit statutory declarations with associated evidence to prove that they have walked a specific route over a landowner's private property for more than 20 years and can apply for a public right of way to be established against the Definitive Map. Not only will this create an inconvenience to the landowner but as and when he chooses to sell/rent the land it will have a direct impact upon the value and saleability of it.

To prevent this from happening statements made under Section 31(6) of the Highways Act 1980 allows landowners to submit their own statutory declarations to the Local Authority with associated plans showing the land in ownership and all known public rights of way over their land. The process involves:

1. Submitting a Deposit of Statement and associated plans to ESCC
2. Submit Statutory Declarations with a plan showing all public Rights of Way on the Definitive Map held by the Local Council

(From the date the map and statement are deposited, it is valid for 10 years, after which a further statutory declaration is needed)

To access works necessary, one can either view the Definitive Map in person or alternatively use the County Council's Map Checking service which comes at a price of £30.00 per submission.

If you would like further details or any advice on this and how it may affect you and your farm, or would like us to make representations for and on your behalf please do not hesitate to contact Joshua at Samuel & Son on 01435 864020.