Landowner deposits

Highways statements and declarations

Section 31(6) of the Highways Act 1980 allows landowners to acknowledge the existence of those public rights of way which cross their land and to prevent new public rights of way being created by 'presumed dedication'.

Presumed dedication is where new public rights of way are created following use of the route by members of the public, usually for a period of twenty years or more. A deposit/declaration made under section 31(6) will not prevent public rights of way that may already exist from being recorded.

A landowner may deposit with the Council a map of their land, accompanied by a statement indicating what public rights of way exist, if any.

• The statement should then be followed within 20 years with a declaration stating that no further public rights of way have been dedicated since the previous deposit.
• Further declarations may then be made at intervals of not more than 20 years.

Since 1st October 2013 statements and declarations must be made in a standard form (Form CA16). For more details, visit: Commons (Registration of Town or Village Greens), Dedicated Highways (Landowner Statements and Declarations) Regulations 2013.

Landowner statements

There is a similar mechanism under section 15A of the Commons Act 2006. This allows landowners to deposit with the Council:

• a map;
• and statement that ends any recreational use of the land 'as of right'.

This will stop the land from being registered as a town or village green, if it is:

• submitted before there has been 20 years 'as of right' use of the land for recreational purposes.

How to apply

For more details, visit: Guidance for the completion of Form CA16 (Defra).

If you have read Defra's guidance and want to apply:

• Complete: Form CA16.
• Send the signed form to: Highway Asset Team, Strategic Infrastructure, Mulcture House, Mulcture Hall Road, Halifax. HX1 1SP.

When we an application, we will acknowledge that we have got it and we will:

• Add the details to the public registers.
• Publish a notice on this website to show an application has been made.
• Post a notice on the land to which the application relates. (If an application is to deposit a landowner statement under Section 15A(1) of the Commons Act 2006.)

Register of Highways Statements and Declarations and Register of Landowner Statements

The Council must keep public registers of all valid deposits it receives. Paper version of the registers are available for public inspection between 9am and 5pm, Monday to Friday, at Halifax Customer First, 19 Horton Street, Halifax. HX1 1QE.

• Register of Highways Statements and Declarations(PDF 849KB)
• Register Landowner Statements(PDF 142KB)

The register of highways statements and declarations contains a number of entries that expired some time ago. In some cases, an initial deposit of a map and statement was made, but was not followed within the required time period with a declaration. Or where a declaration was received, it was not then followed by a subsequent declaration within the required period. In some case, landowners have made successive deposits of maps and statements only. These entries may still be of relevance.

Current notices

• None.

When we get a valid application, we will:

• Publish a notice on this webpage.
• Send a copy by email to anyone who has asked to be kept informed about these applications.
• Place a notice on the land that the application is about. (If an application is to deposit a landowner statement under Section 15A(1) of the Commons Act 2006).

A notice will remain in place for at least 60 days.

Highways statements and declarations and landowner statements - summary by ward