Public Rights of Way

Public Rights of WayUpdated: May 18th, 2019

Author:-elf

Created: May 3rd, 2019

Currently there are none but I have noticed specific trespass where tree branches are cut and worst for what can only be considered ease of access. It appears as if there is an intention to create a way in that the perpetrator must carry a saw.

I'm clarifying to the Council that there is no right of way and working on some sign and deterrent to trespassers. See trespassers for latest action.

There are two historical documents indicating there has been no intent to dedicate a public right.

corneall cc record to say notification is invalid

The documents referred to are: 1)The statement and 2) A map ofthe location

https://www.cornwall.gov.uk/environment-and-planning/countryside/public-rights-of-way/landowner-statements-highways-act-1980-section-31-6/
Depositing a landowner statement

Section 31(6) allows landowners to make their intentions clear by depositing with the appropriate authority a map and statement indicating any ways over that land they admit to be public rights of way. Then within 20 years a landowner must lodge a declaration to confirm that no new rights of way have been dedicated since the date of the deposit of the map and statement. Any public use of the land during this period will not then count towards the establishment of new rights of way.

The 1980 Act
Section 31
(6)An owner of land may at any time deposit with the appropriate council—

(a)a map of the land F165..., and

(b)a statement indicating what ways (if any) over the land he admits to have been dedicated as highways;

F166and, in any case in which such a deposit has been made, ... declarations[F167in valid form] made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time—

(i)within [F168the relevant number of] years from the date of the deposit, or

(ii)within [F169the relevant number of] years from the date on which any previous declaration was last lodged under this section.

to the effect that no additional way (other than any specifically indicated in the declaration) over the land delineated on the said map has been dedicated as a highway since the date of the deposit, or since the date of the lodgment of such previous declaration, as the case may be, are, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner or his successors in title to dedicate any such additional way as a highway.

Comment No. * from: roger [Member]

Of the 1980 Act

32 Evidence of dedication of way as highway.

A court or other tribunal, before determining whether a way has or has not been dedicated as a highway, or the date on which such dedication, if any, took place, shall take into consideration any map, plan or history of the locality or other relevant document which is tendered in evidence, and shall give such weight thereto as the court or tribunal considers justified by the circumstances, including the antiquity of the tendered document, the status of the person by whom and the purpose for which it was made or compiled, and the custody in which it has been kept and from which it is produced.