Statutory Declarations and Plans made under Section 31(6) Highways Act 1980

This legal provision allows landowners to deposit evidence, with the County Council, of their intention NOT to dedicate any new public rights of way over their land holdings.

This legal provision allows landowners to deposit evidence, with the County Council, of their intention NOT to dedicate any new public rights of way over their land holdings. The result of this is to negate any future Modification Order claims for "deemed dedication" of additional paths, based on user evidence post-dating the deposition. However, it cannot negate evidence pre-dating the deposition.

The deposit initially takes the form of:

  • (i) a plan of the land holding, showing its location and boundaries and any existing public ways (whether currently recorded on the Definitive Map or not), together with
  • (ii) a signed statement declaring that the landowner has no intention to dedicate further public paths. This must be followed by a Statutory Declaration to the same effect within10 years and at 10-yearly intervals thereafter.

Forms and information are available from Countryside Servies, to enable landowners to submit depositions. Please contact the Rights of Way Section on 01443 866645 or 01443 866648 for details.

As with the Definitive Maps, the Section 31(6) deposits may be viewed by the public in normal office hours; although you are advised to contact Countryside Services before hand (01443 866645 or 01443 866648) to ensure that an Officer is available to help you with your enquiry.

Website by Andy Grant