Here at Waypoint Planning/Wilson Wraight, we manage a vast array of rural landholdings and estates for our clients which, unless properly protected, can become subject to unwanted public rights of way claims from third parties. In many cases, these claims arise where landowners have never intended to provide public access. Nevertheless, if public use goes unchallenged over time, public rights can be asserted and lawfully recorded.

As with many things, we believe prevention is preferable to cure, particularly given the relative difficulty in extinguishing these public ways once registered.

Lodging a Section 31(6) Landowner Deposit (Highways Act 1980) is a surefire and cost-effective way of protecting land from unwanted public rights of way claims. Despite its importance however, it remains largely unknown and surprisingly underused.

Formed of two Stages, the Statement and the Declaration, these deposits are typically lodged with the relevant County Council alongside a plan of the land to be protected. Once registered, they serve two key purposes:

1. It prevents the further accrual of time running forward for the acquisition of public rights by usage for third parties; and
2. Provides a 20-year period of protection, within which time a subsequent deposit is required to keep the protection in continuous effect.

This process offers landowners long-term certainty and peace of mind that their land, whether actively farmed or earmarked for future development, is guarded against spurious third party claims. The implications can be particularly serious for land currently under option or promotion agreements, where landowners are typically responsible for safeguarding the land against such risks.

As a rural-based planning consultancy, we regularly advise landowners on access management and existing rights of way risk.

Whether you are an existing client or approaching us for the first time, we can assess whether a Section 31(6) deposit is appropriate, prepare the necessary documentation, liaise with your County Council and managing the process swiftly and efficiently, all with minimal disruption. Please get in touch if you would like to discuss this service and how we can help protect your land.