Changes to the Highways Act, which came into force at the start of December, will make it easier for landlords to block public rights of way across their land.

Up until December, a public right of way could be established if there was evidence that a way over land had been enjoyed by the public as a right and without interruption for a full period of 20 years. Landowners could prevent this by making a statement to their local authority, which would then post public notices at obvious access points to the land (for which the landowner would be charged).
 
However, under the new rules, local authorities are no longer required to erect notices, meaning landowners avoid fees and the public might not be aware of their intentions to block access.
 
Commenting on Monday, land agents Strutt & Parker said farmers and landowners could save hundreds of pounds in costs as a result of the change, and acknowledged that the lack of signs outlining landowners’ intentions would reduce the risk of a claim being made by a member of the public.

Strutt & Parker land agent Charles Wadsley said, “It enables landowners to protect themselves against claims for public rights of way made solely on use. If no public rights of way exist it is still worthwhile submitting an application to protect against any rights of way being made in the future.

“However, up until now, the costs and the public statement of intent proved off-putting to many. The changes introduced this month should encourage landowners to make submissions. It should now be cheaper for them and they will not have to show their hand.”
 
On Wednesday, Kate Ashbrook from the Open Spaces Society said, “Defra normally consults user groups about changes in the law which affect them, and it is courteous to do so.  We were therefore concerned that we were not consulted in this case. That said, the information is still posted on highway authority websites and we can ask to be notified when they are deposited.”

Speaking from a walker’s perspective, Ashbrook said, “We had welcomed the change which required landowners to post the notices on the land because it helped to alert users that their use of routes not on the definitive map was being challenged, and therefore that they should be applying for the addition to the map of any other routes which they had been using.  So, on balance we regret the change, but it is not that significant.”