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Making a Section 31 (6) or Section 15A (1) application

 31(6) of the Highways Act 1980 enables landowners to protect their land from public rights of way being claimed over it.  They can do this by depositing a map and (highways) statement showing the extent of their land, and any existing public rights of way, with their local council.

Within 20 years of the deposit of the statement and map (and within subsequent periods of 20 years from each previous deposit) they may then lodge a formal (highways) declaration to the effect that no other rights of way have been dedicated since the date of the previous deposit.

A landowner statement is different to a highways statement or highways declaration deposited under the 1980 Act. A landowner statement is made under section 15A of the Commons Act 2006 and protects land against applications to register town and village greens.

Make an application

Form (CA16) can be used to make an application under either section 31 (6) of the Highways Act or section 15 A of the Commons Act, or both.  Before completing your form read the guidance provided by Defra.  Applications must be accompanied by the requisite fee, details of which can be found here, for submissions prior to 1st April, or here for those submitted after.

View the Section 31(6) register

Under section 15B of the Commons Act 2006 every commons registration authority is required to keep a register containing information about statements deposited with it under both section 15A(1) of the Commons Act 2006 and section 31(6) of the Highways Act 1980.  A paper copy of the register can be inspected free of charge at the council offices in Oakham (please give advance notice of requests to view the register).  An electronic (pdf) version of the register can be viewed here.

Questions about the register should be sent by email to rightsofway@rutland.gov.uk

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