Professional AdviceYou are here : Policy Work » Section 31(6) HA1980
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Section 31(6) HA1980 Section 31 (6) of the Highways Act 1980 provides a mechanism for landowners to acknowledge the existence of certain public rights of way (PROW) across their land and to prevent new PROWs being created by “presumed dedication”.
Presumed dedication is where new PROWs are created following use of the route by members of the public, usually for a period of twenty years or more. The mechanism will not prevent the “creation” of rights of way arising from twenty years use where all that use was prior to the submission of the landowners statutory declaration (see below), nor of rights of way whose existence can be proved by reference to historical documentation.
The basic procedure is as follows:
For further information on the procedure and for forms to submit the statutory declaration contact sarah.slade@cla.org.uk The CLA also has an advisory handbook with the information titled ‘Rebutting Deemed Dedication’ .
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Policy Contact Sarah Slade MRICS
Media Contacts Ollie Wilson T: 020 7460 7936
T: 020 7460 7934
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A chartered surveyor with responsibility for CLA policy on public rights of way and access issues. Provides advice to members on issues arising from public access to the countryside.
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