Landowner deposits

Landowner deposits

Under the Highways Act 1980, a way over land is deemed to have been dedicated as a highway where there is evidence that it has been enjoyed by the public as of 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.

Such evidence may consist of the erection of notices or barriers, or by locking a gate on the way on one day in the year and by drawing this to the attention of the public, or by the deposit of statutory declarations to the effect that no additional ways (other than specifically indicated in the declaration) have been dedicated as highways since the date of deposit.

From 1 October 2013, under section 31(6) of the Highways Act 1980 (HA 80) and Section 15A(1) of the Commons Act 2006 (CA 06) a landowner may deposit with the highway authority a map, statement and statutory declaration showing the ways (if any) that he admits are dedicated as highways, and also any land that he admits to be village green. It enables landowners to protect themselves against claims for public rights of way or village green status made solely on use.

It is important to note that this procedure rebuts any intention of dedication in the future only. It cannot take away any claims which are based on past use nor will it overcome any claims based on documentary evidence; nor will it protect against claims made at Common Law.

In order to apply for this, please complete form CA16. It is strongly advised that the Statement and Declaration part of the forms are submitted at a later date and not simultaneously. Please note, the onus remains on the applicant to complete the form correctly and the Buckinghamshire Council cannot be held responsible for any material error which may at a later date invalidate the application.

From April 2021 the fee has been revised to £328.57 for combined Section 31(6) Highways and Section 15A(1) Commons Act 2006 statements, alternatively Section 31(6) Highway Statements are only £207.03. Both fees cover four parcels of land, additional parcels for a combined statement are £31.93 per parcel and for a Highway statement are £15.96 per parcel. Highway declarations should be submitted separately to Highway Statements if they refer to the same piece of land and there is a fee of £31.93.

The fee is payable by cheque addressed to Buckinghamshire Council. Please send the completed form and cheque to The Definitive Map Team, Floor 7, Buckinghamshire Council, Walton Street Offices, Aylesbury, Bucks, HP20 1UY. For more information, please contact 01296 395000. It is advised that independent advice is sought before making a CA16 application and whether such an application suits your needs as a landowner. Further advice can also be found here.

The highway authority is required by the legislation above to maintain a register which holds information provided in this form, which can be inspected online or in person by members of the public on request. It may also be required to release information, including personal data and commercial information, on request under the Environmental Information Regulations 2004 or the Freedom of Information Act 2000. However, the appropriate authority will not permit any unwarranted breach of confidentiality nor will they act in contravention of their obligations under the Data Protection Act 1998.

Unfortunately, due to staffing shortages, we are currently unable to meet all the requirements for the format of the online register. If you have a query about a deposit on a piece of land, call 01296 395000 or email row@buckinghamshire.gov.uk.

Open access land

The Countryside and Rights of Way Act will give people new rights to walk on areas of open country and registered common land. Information for land managers can be found at Open Access website (opens new window).