By Press Release
The Department for Environment, Food & Rural Affairs (DEFRA) has announced that a cut-off date of January 1, 2031, is to be introduced for recording historic public rights of way in England.
Following the cut-off, public rights of way, such as footpaths and bridleways, which existed prior to January 1, 1949, but which have not been recorded on the Definitive Map and Statement (where details of public ways are set out), will be extinguished, and the opportunity to apply to have them recorded will be lost.
The proposed cut-off has been welcomed by landowners as it will give them more certainty. Currently, and until the cut-off takes effect, anybody can apply to have historic public rights of way recorded on the Definitive Map, on the basis that a way has always existed. Applications should be supported by evidence, including historic maps which show the right of way. This can cause uncertainty for landowners, who may be unaware that there is a historic public right of way over their land.
In addition to historic routes, public rights of way can also come into existence via presumed dedication. Pursuant to the Highways Act 1980, if a way is enjoyed by the public as of right and without interruption for a full period of 20 years, it is deemed to have been dedicated as a public way unless there is sufficient evidence that there was no intention to dedicate it. Dedication can also happen under common law, which does not specify a period of use.
The rules on dedication are not expected to change; therefore, the actions that can be taken by landowners to make clear that they have no intention to dedicate will still be needed to reduce the risk of dedication. These actions include the deposition of a statement with the local authority under section 31(6) of the Highways Act 1980, which confirms that there is no intention to dedicate, and the placement of signage on the land.
If you would like to speak to a member of our Residential Property team please contact us on 01983 533938.