Footpath changes a boost for landowners

CHANGES to footpath regulations are a boost for landowners, says land and property agency Strutt & Parker.

Many farmers and landowners should pay reduced fees as a result of the changes, potentially saving hundreds of pounds.

Under the Highways Act 1980, a way over land is deemed to be a highway where there is evidence that it has been enjoyed by the public as a right and without interruption for a full period of 20 years, unless there is sufficient evidence that there was no intention during that period to dedicate it as a right of way.

Under Section 31(6) of the Highways Act 1980, landowners can protect themselves against the creation of a new public right of way through informal use by depositing a statement and declaration with the local authority.

Following a submission, the council would post notices at obvious entry points to the land notifying the public of the declaration the landowner had made.

Landowners had to pay considerable ‘cost per notice’ fees and, in so doing, raised awareness of their intentions and increased the risk of a claim being made.

Under the changes, which came into force on December 1, local authorities are no longer required to erect notices, which should lead to a cut in cost for landowners.

Strutt & Parker land agent Oliver Cooper said: “This change should reduce the charges levied by Local Councils and enable landowner’s to properly record their intentions in respect of public rights of ways, enabling landowners to protect themselves against claims for public rights of way made solely on use. If no public rights of way exist it is still worthwhile submitting a declaration to provide the landowner with control over granting against any rights of way being made in the future. Up until now, the costs charged by some Councils have proved a barrier for many to engage with the system. It should now be cheaper for landowners and we would encourage them to make a declaration in respect of their land.”

For more information or advice contact Strutt & Parker’s Cirencester office on 01285 659661.