Public Right of Way Claims - What are they, and can I prevent them?

As a landowner, you may have heard of the term 'public right of way' and wondered what it means. A public right of way is an area of land open to the public for passage, such as a path or roadway. In some cases, this right of way may be established through legal means, which can be complicated and frustrating for property owners. In this article, we will discuss what public right of way claims are and how to prevent them.

What is a public right of way claim?

A public right of way claim is a legal process that allows the public to use a specific area to cross over private land. Government bodies or individuals can make these claims when there is no existing public access to a particular area. 

The covid pandemic saw an increased public interest in accessing the countryside, which shows no sign of slowing down. Farmers and landowners must protect their land against any such claims. 

Once a claim has been made, the landowner must allow public access to the claimed area and ensure it is kept free of any obstruction.

How are public right-of-way claims made?

Public right of way claims can be established through various legal means, including:

Right of way through a lengthy time period - When someone uses a portion of private land without permission, without secrecy and without force for a specific period of time, rights of way can occur. This is known as prescriptive easements. If this use is continuous and open for at least 20 years, the user may be able to make a claim to the local authority to dedicate a new public right of way.

Voluntary - When a landowner voluntarily gives a portion of their land to the public for a specific use, such as a road or pavement, this is known as dedication. Dedication can be done through a written agreement or by simply allowing public use of the land for an extended period.

How to prevent public right of way claims

If you own land and want to prevent public right of way claims, there are several steps you can take. Firstly, you must know of any existing rights of way or public access points on your property. This can be achieved by reviewing your property survey or consulting with a real estate solicitor. Your local authority usually has a "definitive map" of the area showing public rights of way (including footways and bridleways).

If there are no existing public access points on your property, you can take steps to prevent claims from being established. One way to do this is to clearly mark the boundaries of your property with fences, signs or other barriers and ensure gates are regularly locked. This can prevent people from entering your land and claiming a right of way.

A land owner can also submit a map and declaration under Section 31(6) of the Highways Act 1980 stating that they do not intend to dedicate any rights over their land. This can help to protect against future claims. The declaration should be renewed at least every 20 years or when the land changes ownership. The Local Authority do charge for these declarations, which are then recorded on a register for public viewing.

It is also possible to stop areas of land being claimed as a town or village green by going through a similar process. This is particularly relevant if the land is used for more than just walking across, such as leisure or sporting activities.

Get in touch for help and advice

Helen Porter, a solicitor specialising in property litigation and dispute resolution, understands that public right of way claims can be complicated and frustrating for landowners. Helen advises that by understanding how these claims are established and taking steps to prevent them, landowners can protect their property rights and avoid potential legal disputes. 

If you have questions about public right of way claims or other property issues, please don't hesitate to contact us on 01329 288121 or email enquiries@warnergoodman.co.uk.