FAQ

What is a Statutory Declaration?

A Statutory Declaration map and statement allows a landowner to protect his/her land from future claims by the public for adding a Public Right of Way or upgrading an existing Right of Way across the land. Under Section 31 (6) of the Highways Act 1980 an owner of land may at any time deposit with the County Council a map of the land and a statement showing what ways (if any) there are over the land that have been dedicated as Public Rights of Way. This is followed by the owner (or his successors in title) making a Statutory Declaration and lodging this with the County Council. Such a declaration does not prevent he owner from being able to dedicate a Public Right of Way. The declaration should be renewed within six years of the deposit date to remain in force.

It cannot take away any claims which are based on past use. Nor will it overcome any claims based on documentary evidence (Sydenham, 2001).

Your County Council holds a Register of all declarations of Public rights of way. (It is advisable to contact your local Council if you wish to view it).

What is the Definitive Map?

The Definitive Map and Statement is a legal document which shows and describes Public Rights of Way (PRoW). It is conclusive evidence of the existence of Public Rights of Way. Under the Wildlife and Countryside Act 1981 s53, the surveying authority has a duty to keep the Definitive Map and statement under continuous review by recording any legal changes made to the PRoW network.

ROW Ploughing and Cropping
If you have public rights of way crossing your land then you have responsibilities to ensure the minimum widths of paths. 

Can I ride on the verge?

Under common law, pedestrians, horse riders and carriages have public user rights over the whole width of the land which is designated a highway. Usually this is between the hedges, or fences on either side of the carriageway; this area may include verges. These rights may, however, be reduced where limitations are imposed such as the provision of a footway (what we normally call the pavement or footpath), along which only pedestrians have user rights.

Can a horse and rider cross a footpath?

Horse riders can lawfully cross a footway, say at a road junction or verge crossing, and ride along the verge at the back of a footway if it exists.  There are exceptions to this, for example if a traffic regulation order, or local bylaw, exists specifically forbidding horse riders the use of the verge. You would know of such a ban by the display of signs indicating the prohibition.

Roadside facilities for ridden horses
Section 71 of the Highways Act 1980 places a duty on highway authorities to provide, in or by the side of a highway, adequate margins where they consider necessary.

Guide to definitive maps and changes to the public ROW
This comprehensive booklet gives guidance and information about definitive maps - the legal record of public rights of way - and the ways in which both those maps and individual rights of way can be changed.

Who owns the Public Paths

What is a HIGHWAY?

1691 Act for better Repairing and Amending the Highway
A list of Rules a Parish surveyor had to enforce. The law was very precise, for example, the width of Cart ways and 'Horse-causeways' was specified, all Highways had to be mended before harvest time, and every inhabitant had to work six days a year on the Highway.

A Practical Guide on Managing the Use of Vehicles on ROW