Rights of Way: Advice for landowners

People in the UK are spending more time outdoors in the countryside than ever before, as the pull of nature has become both a lifestyle choice and a wellbeing necessity. The rise in remote and flexible working has given many people more freedom to explore green spaces, while increasing awareness of the mental health benefits of fresh air, quiet landscapes, and physical activity has made rural escapes more appealing than ever. At the same time, concerns about screen fatigue and urban congestion are encouraging people to seek out calmer environments where they can disconnect and recharge. Improved access to footpaths, cycle routes, and nature friendly initiatives has also made outdoor recreation more inviting and inclusive.

While this trend means more people are enjoying the countryside, it also highlights the importance for landowners of reviewing the rights of way declarations they have in place and taking steps to protect their land from new rights of way being registered. The most effective way to do this is by depositing a Section 31(6) Rights of Way declaration with the local council — something particularly valuable for landowners who may be considering selling their land in the future.

Statutory declarations confirm the rights of way that already exist on a piece of land and help prevent new ones from being established. Without a declaration in place, a third party can apply to have a path recognised as a right of way if it has been created and used openly, without interruption, for 20 years or more. Declarations remain valid for 20 years, after which a new submission is required, so landowners are encouraged to check the dates of any existing declarations and take action where necessary.

If you have footpaths crossing your land or property, or if you have concerns about third parties acquiring rights of way, our Rural team can provide guidance and support with the relevant applications to help safeguard your land for the future. Please contact the team at ruralag@sheldonbosleyknight.co.uk or call us on 01509 243720 to discuss.