Public rights of way: Landowner statements

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Section 31(6) of the Highways Act 1980

Section 31(6) helps landowners to protect their land from future claims for public rights of way. This is often referred to as presumed dedication.

As a landowner, you must show the council which rights of way they acknowledge over your land. To do so, landowners must deposit a:

  • map
  • statement
  • subsequent declaration

The declaration stating you have not dedicated any more ways to the public must be submitted within 20 years for new deposits. This can protect you from claims that might be made in future. It cannot protect you from any claims for rights of way that may have come into being prior to when the statement was submitted.

Benefits of Landowner statements

There are benefits of depositing a map, statement and declaration. For example:

  • it will be possible for informal tracks or routes to be used without fear of them gaining public rights on the basis of future use
  • where a track or route has been used for less than 20 years, it will not be possible for a right of way to be claimed through presumed dedication (although a claim at common law might still be possible)

Section 31(6) register

Under the Countryside and Rights of Way Act 2000, the London Borough of Barnet is required to make landowner deposits available for public inspection.

View our register of Landowner Statements

Deposits made under Section 31(6) may be combined with a deposit under Section 15 of the Commons Act 2006. This protects the land against claims for village green rights.

Both applications should be made on the prescribed CA16 form:

CA16 application form (ODT, 255 KB)

Full details of how to make a deposit, a statement and map along with further guidance can be found on GOV.UK's page about prescribed CA16 form. This is also known as the landowner statements, highways statements and declaration form.

The CA16 allows you to send us:

  • a Highways Statement showing the public rights of way which cross your land or;
  • a Highways Declaration saying you have not dedicated any new public rights of way over your land since a previous statement / declaration and/or;
  • a Landowner Statement ending any use of your land as a Town or Village Green

You must use separate CA16 if you wish to deposit a Highways Statement and Declaration for the same area of land.

Making your deposit

When you make a deposit under Section 31(6) of the Act, you must submit: 

  1. a map to scale
  2. a deposit statement
  3. a statutory declaration

A map on a scale

The map should not be less than 1:10,000 (6 inches to a mile) showing the relevant land edged red.

Carefully mark on the map the precise route of all public rights of way shown on the Definitive Map or otherwise acknowledged by you to exist.

Make sure that you show the status of each right of way.

A deposit statement

This must be signed by you declaring that you are the freehold owner of the land delineated.

If there is more than one owner of the land, then all of those owners should sign the statement. This should support the contents of the map.

A statutory declaration

This must be within 10 years of deposit of such statement and within every ensuing 20 years pursuant to Section 31(6) of the Act 1980.

The declaration should specify that no additional way, other than any specifically identified, has been dedicated as a highway since the date of the deposit/lodgement of the previous declaration.

Highways Statement

To deposit your Highways Statement, you must:

  • deposit the map
  • complete the CA16 application form
  • send the appropriate fee

Deposit a map

The map must:

  • be of the relevant scale, no less than 1:10,000
  • show all public rights of way
  • be in the colours set out in the CA16 application form

CA16 application form

Complete parts A, B and F of the CA16 application form (ODT, 256 KB) for land deposits. Only complete part E if it’s required.

Send the appropriate fee.

Once received we will check the deposit and let you know if any amendments are required.

The deposit will be added to the Statement and Declaration Register.

Highways Declaration

The landowner needs to confirm the original intention of the deposited statement. The process is the same as what is outlined above.

Please note that the County Council does not provide maps for these deposits. If you do not have a large-scale map, you may be able to get one from the Ordnance Survey.

Please note, you must use a separate CA16 if you wish to deposit a Highways Statement and Declaration for the same area of land.

The Deposit

We have to make a register of these deposits publicly available. For this to comply with legal requirements, where possible, please state:

  • the Ordnance Survey six-figure grid reference of a point within the area of the land affected by the deposit
  • the address and postcode of all those buildings on the land affected
  • details of the nearest town to the land affected

Your application

When we have received your application, we will check:

  • you have correctly filled in the form and map and sent the correct fee
  • the locations of any recorded public rights of way are correct

We will return your application if:

  • the applicant’s name and address is not given
  • no fee or the fee is incorrect
  • application for a Highways Statement and Highways Dedication are on the same form

Once your application is correct, we will:

  • record it on our legal register and write to you to confirm this
  • for Landowner Statements relating to Town or Village Green use, there is a legal duty to place notices on the site advertising your deposit

For further information, please email highwayscorrespondence@barnet.gov.uk

Disclaimer

Barnet Borough Council have produced these notes as a guide only. They are not to be taken as legal advice as to the form or manner in which documents are submitted pursuant to section 31(6) to the county council in its capacity as registering authority.

If you have any queries, you should seek your own independent legal advice.