By: Jeanette Dennis

Date: May 2010


With the chance of fine weather increasing, the numbers of walkers and picnickers is likely to increase, too.  Every year we are asked how best to prevent new public rights of way arising across private land. This is becoming a hot topic, as under ELS/HLS farmers are often leaving field headlands/margins fallow, which encourages people to think that they can walk dogs along those areas.

Apart from signs which state: "Private: no public right of way", a landowner can also use a system called a Deposit of Plans.

Under the Highways Act 1980 as amended, a landowner can make a written statement in a certain form to the local county council to confirm (or dispute) public rights of way that are registered on the Definitive Map and Statement of the Council for the relevant county.

To be a valid Deposit, the statement should refer to the designated colourings on a map to accompany the statement. The map must be to a scale of 1:10,000, and show clearly the current public rights of way.

By making a Deposit of Plans and Statement, the landowner will stop time running for new public rights of way being claimed, which is important, as otherwise after 20 years or more in most cases a public right of way will arise. But it will not turn the clock back, in respect of public usage prior to the date of the Deposit of Plans.

It should take about 2 hours to complete a Deposit of Plans for a straightforward registered title. For unregistered land, or multiple titles or ownerships, it will take longer, but this will be a good investment and safeguard for the future.

For more information please call: 0800 587 0093