The most common way for a route to become a public right of way is through uninterrupted use by the public as of right for a period of 20 years (known as presumed dedication). Landowners can prevent this by closing the route, if less than 20 years old, or erecting clear notices indicating that the path is permissive and no public right of way exists. Landowners will need to keep a photographic record of any such signage.

Alternatively Section 31(6) of the Highways Act 1980 enables landowners to deposit with Worcestershire County Council, a map showing the extent of their land, and a statement indicating the public rights of way that they recognise over it (if any). The statement can be renewed by statutory declaration. This helps demonstrate an intention not to dedicate any additional public rights of way.

For more information and guidance about making statements and declarations under Section 31(6), please visit the Department for Environment, Food & Rural Affairs (DEFRA).

All deposits and/or subsequent declarations lodged before 1 October 2013, will be valid for 10 years from the date of the last deposit/declaration. Those lodged on or after 1 October 2013 will be valid for 20 years from the date of the last deposit/declaration. To remain valid, all deposits/declarations must be renewed by the date of expiry.

Landowners can also protect their land from its registration as a town or village green, following long term recreational use, by submitting an application under the Commons Act 2006. For more information, please visit the Gov.UK website. See also Commons and Greens.

Depositing a map, statement and declaration has several benefits:

• Where a track or path has been used by the public, but for less than 20 years, it will not usually be possible for a right of way to be claimed. However, a claim at common law might still be possible
• From the date of deposit, the landowner is also making a declaration that no additional new public tracks or paths may be created without permission
• With the landowner's agreement, it allows the continued informal use of tracks and paths, for example, permissive paths, without those paths becoming public rights of way

Landowners or acting agents may deposit a statement and/or declaration with Worcestershire County Council by completing the Application Form CA16.

Download Guidance for the completion of form CA16

Deposits under Section 31(6) may be combined with a deposit under Section 15 of the Commons Act 2006 to protect the land against claims for town and village green rights using the same form. For further information please visit the DEFRA website about Towns and Village Greens. It is strongly recommended that you read the guidance provided by DEFRA before completing your application.

Worcestershire County Council makes the following charges:

• £200 for the initial deposit made under Section 31(6) of the Highways Act 1980 by completing Parts A and B of Form CA16. This allows up to 10 parcels of land to be included. Please note, applications containing more than 10 parcels of land will incur an additional fee of £100 for every additional 10 parcels
• £200 for any subsequent declarations made under Section 31(6) of the Highways Act 1980 by completing Part C of Form CA16. This allows up to 10 parcels of land to be included. Please note, applications containing more than 10 parcels of land will incur an additional fee of £100 for every additional 10 parcels

By law from 1 October 2013, we are required to keep a register of deposits and declarations. This includes the name of the person making the deposit, a description and map of the area it covers and the date it was made or renewed.

You can see a tabulated version of the public register by clicking on the record entitled: 1 - Highways Act Section 31 (6) Public Register Tabulated. This is underneath the alphabet bar below and is a searchable document.

See a copy by appointment at:

Public Rights of Way Team
Worcestershire County Council
Countryside Centre
Worcester Woods Country Park
Wildwood Drive
Worcester, WR5 2LG

Contact us in advance to arrange an appointment.

Contact countryside

This is a general guide only and is not intended as a substitute for specific legal advice.