Landowners deposits and statements
SECTION 31 (6) HIGHWAYS ACT 1980
LANDOWNER STATEMENTS & DECLARATIONS
This guidance is for landowners wishing to make a deposit under section 31(6) of the Highways Act 1980.
Landowners or their representatives can prevent their land from being recorded as highway or registered as a town or village green on the basis of presumed dedication by depositing a statement under section 31(6) of the Highways Act 1980.
A landowner statement does not affect any legally recorded rights of way as shown on the definitive map: these rights of way will not be diverted or extinguished through this procedure nor mean that anything will change on the ground.
Highways Statements and Declarations
Section 31(6) of the Highways Act 1980 enables landowners to protect their land from gaining public rights of way through a period of use by the public. Landowners can deposit a statement and map to protect their land at the same time as acknowledging any existing public rights of way across their land without risk of formal public rights of way being claimed. This is known as a highways statement and will protect the land for a period twenty years from the date of the deposit.
To ensure continued protection of the land, landowners must follow up a highways statement with a highways declaration within a 20-year period to remain effective.
Lodging a highways deposit does not affect any right of way which may have been acquired through public use prior to the date of the deposit. This declaration is sufficient to negate any claims of public rights during that time.
Making a Section 31(6) Application
Further information including downloadable application forms for making deposits are available from the DEFRA website
Applications should be sent with cheques made payable to “City of London Corporation” to the following address:
Landowner Deposits
c/o Definitive Map & Highway Records Team
PO Box 270, Guildhall, London EC2P 2EJ
Fees
| Relevant legislation | Fee (£) |
|---|---|
| For a highways statement or highways declaration deposited under section 31(6) of the Highways Act 1980 | £550.00 |
| For a landowner statement under section 15A(1) of the Commons Act 2006 | £550.00 |
Register of Highways Statements and Declarations
Once lodged with the City Corporation, a statement, map and declaration become public documents and available for public inspection. All local authorities are required to keep a public register of maps and statements deposited, and declarations lodged under section 31(6) of the Highways Act 1980. City of London Corporation maintains an electronic version of the register.
Register of Current Landowner Deposits
An accessible spreadsheet can be added here, once the relevant information is available.