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Highway statements in England
A highway statement is a mechanism by which owners of land can prevent new public rights of way coming into existence through long use. This page explains more about what highway statements are, how they interact with existing public rights, and how to find out more about them.
- What is a highway statement?
- Does a highway statement remove existing public rights?
- How do I find out about highway statements?
Please note: this page refers specifically to highway statements in England. For highway statements in Wales, please click here.
1.1 A highway statement is a mechanism by which owners of land can prevent new public rights of way coming into existence through long use, by showing that they have taken sufficient action to make it clear to the public that it has no right to cross the land (see claiming a public path).
1.2 Under s31(6) of the Highways Act 1980 a landowner can deposit a map and statement with the highway authority (the county council or unitary authority) showing ways which they admit are highways, and if they then, within 20 years[1] , deposit with the highway authority a declaration that no additional ways have been dedicated since the initiating deposit, this is sufficient in the absence of evidence to the contrary that no additional ways have been dedicated during that time.
1.3 The landowner can continue to deposit similar declarations every 20 years, with the same effect.
1.4 Following the Growth and Infrastructure Act 2013, it is possible for a landowner to combine a highway statement with a landowner statement which can prevent the dedication of a new town or village green (see Village Greens: Landowner statements: the threat to village greens (England)).
[1] As amended by the Growth and Infrastructure Act 2013. Prior to 1 October 2013, the relevant time period was ten years.
2.1 A highway statement has no effect on public rights of way which are already recorded on the definitive map and statement; the definitive map and statement being conclusive proof in law of the particulars they contain[2].
2.2 A highway statement would also not negate any rights where it is possible to establish a 20-year period of uninterrupted use as of right (without force, secrecy or permission) which expired before the initial deposit, or where a right of way can be shown from historical evidence.
2.3 However, the effect of the deposit of a highway statement is to challenge the use of any routes not recorded and so this is the time when an application should be made to get those routes shown on the definitive map. If you are relying on evidence of public use to prove the existence of any of the rights of way, then the requisite 20 years use would be counted back from the time of the initial deposit.
[2] S56 of the Wildlife and Countryside Act 1981
3.1 Highway authorities must hold a register[3] of highway statements and declarations in both electronic and paper form, the electronic version to be made available on the authority’s website.
3.2 There is no requirement to post notice of a highway statement or declaration on the land to which it relates – this was removed by The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) (Amendment) Regulations 2016. But there is such a requirement when a landowner statement is lodged. Therefore, if a highway statement or declaration is combined with a landowner statement you may see a notice to this effect on site.
[3] The Dedicated Highways (Registers under s31A of the Highways Act 1980) (England) Regulations 2007 as amended by The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) Regulations 2013, which was further amended by The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) (Amendment) Regulations 2016.
Header photo: Blake Sherman