Landowner Deposits
It is possible for members of the public to claim that a track is a public right of way. This is by the landowner's failure to interrupt the use of it; this is 'implied dedication'.
The landowner may be able to produce evidence that they have not dedicated the track. They could take steps to prevent the general public from using it. For example, challenging users, erecting signs or allowing use by only authorised people. It is often difficult to prove this at a later stage.
It is possible for landowners to protect themselves from future claims. They can make a deposit under Section 31 of the Highways Act 1980.
This does not affect any right of way through public use before the date of the deposit.
To make a Landowner Deposit please read the guidance notes and complete the application form.
The Council keeps a register of all Declarations.