Landowner Deposits
What is a Section 31 Deposit?
Landowners may deposit with the Council a statement, map and a description of their land and any rights of way crossing it. This is known as a “Section 31 Deposit” as it is made pursuant to Section 31(6) of the Highways Act 1980. The purpose of the Deposit is to prevent members of the public creating new rights of way across land.
Public rights of way can come into being having been presumed/deemed to be dedicated. This typically occurs through 20 years’ uninterrupted use by the public giving rise to a presumption that the way was intended to be dedicated as a right of way by the landowner. The period of 20 years is counted back from the date on which the public’s right to use the path was first brought into question or challenged. A Section 31 Deposit can challenge both the public’s right to use a non-definitive path and to show an intention by the landowner not to dedicate any new rights of way across their land.
The effect of making a Section 31 Deposit
- It is possible to allow continued informal use of a route (e.g. by local people), without fear of a public right of way being claimed and recorded on the definitive map on the basis of future use from the date of the Deposit.
- Where a route has been used informally, for less than 20 years, it will not be possible for a right of way to be claimed through deemed dedication (although a claim at common law may still be possible).
- Any new routes will automatically be protected from the outset from the possibility of any claim.
- The Deposit will have no effect on the existence of public rights of way already shown on the Definitive Map or on any rights which have already been established before the Deposit i.e. claims based on historical evidence or through 20 years use prior to the first Section 31 Deposit. However, making a Deposit will immediately fix a point at which any unacknowledged rights are brought into question. For subsequent claims, the 20 year period would be counted back from the date of the Deposit. If these claims succeed, the Deposit documents should be revised.
Register of Section 31 Deposits
The Council is required to maintain a Register of Section 31 Deposits.
The Register is also available for public inspection at the Public Rights of Way department. Contact the service to arrange an appointment.
If you are a landowner and wish to make a S31 Deposit you can request an application pack by contacting the service.
The S31 Deposit application pack includes full details of the procedure and the necessary application forms.
Current fees
- £275 for a new S31 deposit (Statement and Map)
- £75 for the first Declaration (Part C). To be made any time after the Statement has been accepted but before the end of the 20-year period.
- £75 for a renewal Declaration