Section 31(6) Deposits

Landowners can protect themselves against rights of way claims based solely on public use by depositing with the Council a map, statement and statutory declaration showing which public rights of way they recognise over their land, if any.

From the date of the deposit it will not then be possible to establish any additional rights of way over the land by usage. The deposit will need to be renewed every ten years.

However, it is still possible for a right of way to be established by way of twenty years continuous and uninterrupted use prior to the deposit. A right of way can also be established if historical evidence is found which shows that a public right already exists or is reasonably alleged to exist. In either of these instances an application can be made for a modification order to add the way to the definitive map or statement.

A list of Section 31(6) deposits held by Herefordshire Council can be viewed by accessing the file in the Resources Box below.

For further information on Section 31(6) deposits please contact the Rights of Way Manager on 01432 261981, or by email at roberth@herefordshire.gov.uk.