The previous deadline of 2031 for recording new rights of way (ROW) has been scrapped. Many people have missed Defra’s announcement about this, with statements such as tax reforms and grant updates grabbing the headlines.
What does the change mean for landowners and farmers?
Members of the public, campaigners and access groups will still be able to submit claims to establish new public rights of way (PROW) beyond 2031. They will also be able to submit claims to reinstate historic rights of way, some of which have been unused for over 70 years. PROW include footpaths, bridleways and byways. However, permissive pathways, which rely on an agreement with the landowner, do not fall under PROW.
There is currently no new deadline in place. According to the NFU, “the government has now said the cut-off date will be repealed when ‘parliamentary time allows’.”
Protecting your land against new rights-of-way claims
It is crucial for landowners and farmers to declare all PROW to their local council to safeguard their land. This applies to both new and historic paths.
A landowner deposit/statement can be submitted to your local Council under Section 31(6) of the Highways Act 1980 to secure protection. This declaration confirms the landowner does not intend to create any new PROW, and acknowledges existing ones. Any S31(6) secured since 2013 will provide protection for 20 years.
AssetSphere have completed a growing number of Section 31(6) statements on behalf of landowners, emphasising the importance of securing this protection.