Protecting Land from New Public Rights of Way: A Guide for Landowners
The creation of new public rights of way can have significant and lasting impacts on private land, influencing its management, operations, and potential future development.
The Implications of Public Rights of Way
Public rights of way such as footpaths, bridleways, and byways are legal routes granting public access across private land. While many have historical origins, new claims can arise based on long-term usage or historical documentation. Once established, these rights can affect farming practices, restrict privacy, and even reduce land development opportunities. Therefore, proactive measures to prevent the establishment of new rights of way are essential for landowners seeking to maintain control and value. Charlotte Hubbard, Commons & Land Management Advisor at H&H Land Estates offers her key advice to landowners.
Steps to Safeguard Land
- Monitor and Document Access
Vigilant monitoring of land is critical to identifying unauthorised access. Under the Highways Act 1980, a new right of way can be claimed if evidence shows 20 years of uninterrupted public use. Detailed records, including dates, photographs, and notes of any incidents, provide valuable evidence should a claim arise.
- Challenge Informal Access Early
It is important to address any signs of informal public paths promptly. Installing clear signage such as ‘Private Land – No Public Right of Way’ and securing gates or fences can reinforce the landowner’s intent to restrict public access. Timely action can prevent informal use from escalating into a formal claim.
- Use Section 31(6) Declarations
Depositing a Section 31(6) statement and map with the local authority under the Highways Act 1980 is one of the most effective ways to protect land. This formal declaration acknowledges existing rights of way while legally preventing the establishment of new claims. Regular renewals—typically every 10 years—are necessary to maintain its validity.
- Maintain Boundaries
Strong and clearly defined boundaries, such as fences, walls, and hedges, discourage unauthorised entry. Regular inspection and maintenance of these boundaries can help prevent encroachment and reduce the risk of claims arising.
Engaging with professional advisors and building relationships with local authorities can be instrumental in resolving disputes and managing access issues effectively. Expert guidance ensures compliance with legal requirements and protects the landowner’s interests.
While protecting land is essential, it is also important to balance this with the benefits of responsible public access, which can contribute to recreation and community engagement. By implementing appropriate measures, landowners can maintain this balance while safeguarding their property’s future use and value.
As one of the leading providers of land management advice in the North of England, our team are committed to supporting landowners in navigating the complexities of public access and ensuring that their properties are protected. We provide comprehensive advice and support to landowners seeking to protect their land from new public rights of way. From preparing Section 31(6) declarations to assisting with access disputes, our team is equipped to provide practical and effective solutions tailored to individual circumstances.
For further assistance or to discuss your land management requirements, contact your local H&H Land & Estates office or Charlotte Hubbard directly on 01228 406260, or email us at [email protected].