Landowner deposits

​Under Common Law and the Highways Act 1980 it is possible for members of the public to claim that a track has been dedicated as a public right of way by the landowner by their failure to interrupt the use of it; this is called 'implied dedication'.

Whilst the landowner may be able to produce evidence that they have not dedicated the track by taking steps to prevent the general public from using it (by, for example, challenging users, erecting signs or only allowing use by specifically authorised people), it is often difficult to prove this at a later stage.

It is possible for landowners to protect themselves from future claims that a public path has come into being by implied dedication by making a deposit under Section 31 of the Highways Act 1980.

Lodging a deposit does not affect any right of way which may have been acquired through public use prior to the date of the deposit.

For details regarding a Landowner Deposit please email defmap@kierwsp.co.uk quoting the Deposit ID number.

Changes to Legislation October 2013

New legislation came into force on 1 October 2013 which made changes to the way in which landowners make deposits under Section 31(6) of the Highways Act 1980.

The changes include:

  • The requirement for landowners to complete an application form instead of a statement and statutory Declaration
  • The introduction of a reasonable fee for processing deposits. These fees are set out in our guidance notes
  • The increase of the deposit renewal period from 10 to 20 years (for deposits submitted after 1 October 2013

In addition there is the provision within the application form to make a combined deposit providing evidence to negative claims for public rights of way (under section 31(6) of the Highways Act 1980) and town and/or village greens claims (under Section 15A(1) of the Commons Act 2006).

To make a Landowner Deposit please read the guidance notes below and then complete and return our application form:

Please refer to the Definitive Map Team charges 1 April 2017 for current fees for an application

Notice of deposits submitted under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006. Northamptonshire County Council, as the Highway Authority and Commons Registration Authority is required to publish notice of any applications for deposits received under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006.

Please find below details of applications received since the notice requirement came into force on 01 October 2013. Notices will appear here on the register for a minimum period of 60 days.

What does this mean?

Public footpaths and bridleways can be created by the public walking or riding across otherwise private land for a long time, usually in excess of 20 years. The landowner might be quite happy with people doing this, but if he or she doesn’t do something to protect his or her interests he or she may end up having allowed a public right of way to be created and so lose control of this land. This process whereby the public can gain legal rights by usage is often referred to as ‘prescription’.

Another right which the public can gain through the process of prescription is that of village green. If the public have used a piece of privately owned land for “lawful sports and pass-times” for 20 years or more then that land can be claimed and registered as village green. Again, the owner then loses control over what he or she can do with his or her land in the future.

One way for landowners to protect themselves against the effects of prescription is to make a deposit under the terms of section 31 Of The Highways Act 1980 (for footpaths and bridleways) and section 15a of the commons act 2006 (For village greens)

These notices do not mean that anything will change on the ground. They do not mean that development is being planned (though that could be the case independently of these notices) and it doesn’t mean that the owner is planning to stop public access which he or she had previously allowed, or turned a blind eye to. It is merely a way of legally protecting themselves against future claims for rights stemming from uncontested public use.

These legal processes have to be periodically renewed in order to remain effective. This used to be done just between the landowner and the Council. The law has recently changed, meaning that these statements have to be advertised on site by means of these legal notices, so if you are starting to see these notices in the countryside where there were no such notices in the past, this is the reason why.

A landowner deposit is an intention by a landowner to not dedicate any rights of way across their land. It purpose is to also bring to an end any use of a route that is not legally recorded. This does not affect any legally recorded rights of way as shown on the definitive map. These rights of way will not be diverted or extinguished through this procedure.

​NCC deposit ref. No​Parishes​LandownerDeposit type​Deposit notice​Notice mapDeposit or Declaration date
​028

​Ashton Le Wells, Chipping Warden, Woodford cum Membris

​Ivan Gerald William Bannister & Nancy Openshaw Bannister​HA1980 CA2006Deposit Notice Land known as Warden Hill Farm and Warden Grange Farm, Chipping Warden (PDF 529KB)

Deposit Map Land known as Warden Hill Farm and Warden Grange Farm, Chipping Warden (PDF 446KB)

Notice Locations Map Land known as Warden Hill Farm and Warden Grange Farm, Chipping Warden (PDF 423KB)

​03/06/2015
​041​Thorpe Mandeville​Jeremy B. Greenhalgh & A. Meriel Greenhalgh​HA1980 CA2006Deposit Notice Thorpe Mandeville Court (PDF 400KB)

Deposit Map Thorpe Mandeville Court (PDF Format 226KB)

Notice Locations Map Thorpe Mandeville Court (PDF 223KB)

​06/11/2015
​191

​Pilton, Thorpe Achurch, Lilford cum Wigsthorpe, Clopton, Titchmarsh, Thrapston, Aldwincle, Wadenhoe

​The Master Wardens & Commonality of Merchant Venturers of the City of Bristol as the trustees of the charity called St Monica Trust​HA1980Deposit Notice Lilford Estate, Lilford cum Wigsthorpe (PDF 412KB)

Deposit Map Lilford Estate, Lilford cum Wigsthorpe (PDF 2.54MB) 

Notice Locations Lilford Estate, Lilford cum Wigsthorpe Map 1 (PDF 2.04MB)

Notice Locations Lilford Estate, Lilford cum Wigsthorpe Map 2 (PDF 1.03MB)

​290​Dodford​The Master, Fellows and Scholars of Trinity College Cambridge
​HA1980 CA2006
​Deposit Notice Land North West of Dodford (PDF Format 83KB)
Deposit Map Land North West of Dodford (PDF Format 294KB)

Notice Locations Map Land North West of Dodford (PDF Format 327KB)
05/05/2016
​291Whitfield, Radstone, Syresham​​Anthony Bonner & Lawrence Bonner​HA1980Deposit Notice Whitfield House Farm and Cold Harbour Farm (PDF 83KB)Deposit Map Whitfield House Farm and Cold Harbour Farm (PDF 300KB)

Notice Locations Map Whitfield House Farm and Cold Harbour Farm (PDF 819KB)
​07/10/2016
​292​Brixworth​The Master Wardens & Commonality of Merchant Venturers of the City of Bristol as the trustees of the charity called St Monica Trust​HA1980 CA2006Deposit Notice at Land known as Park Farm, Land at Northampton Road and Land at Spratton Road (PDF 462KB)

Deposit Map at Land known as Park Farm, Land at Northampton Road and Land at Spratton Road (PDF 733KB)

Notice Locations Map at Land known as Park Farm, Land at Northampton Road and Land at Spratton Road (PDF 695KB)

​09/12/2015
​293​Watford​Mr Andrew Eden​HA1980 ​Deposit Notice Land known as Station Road, Watford (PDF 374KB)

Deposit Map Land known as Station Road, Watford (PDF 169KB)

Notice Locations Map Land known as Station Road, Watford (PDF 130KB)

​09/12/2015

​294

Deanshanger Wicken​​Jonathon Kendal James Gurney and Maragaret Rose Gurney​HA1980 CA2006Deposit Notice Land known as Mountmill Farm, Wicken (PDF 402KB)Deposit Map Land known as Mountmill Farm, Wicken (PDF Format 698KB)

Notice Locations Map Land known as Mountmill Farm, Wicken (PDF 703KB)
​N/A
​295​Moulton, Boughton Pitsford​Moulton College​HA1980 CA2006Deposit Notice Moulton College (PDF 82KB)

Deposit Map Moulton College (PDF 481KB)

Notice Locations Map Moulton College (PDF 482KB)

​22/03/2016
​296

​Courteenhall, Roade, Blisworth, Quinton                     

​Courteenhall Estate

​HA1980 CA2006

Deposit Notice Land known as Courteenhall Estate (PDF Format 88KB)

Deposit Map Land known as Courteenhall Estate (PDF Format 1374KB)

Notice Locations Map Land known as Courteenhall Estate (PDF Format 1592KB)
​N/A
297​​Rothwell​Land at Shotwell Mill Lane, Rothwell​HA1980 CA2006 ​Deposit Notice Land known as Land at Shotwell Mill Lane, Rothwell (PDF 84KB)Deposit Map Land at Shotwell Mill Lane, Rothwell (PDF 200KB)

Notice Locations Map Land at Shotwell Mill Lane, Rothwell (PDF 236)
​19/05/2016
​300​Silverstone Whittlebury​Shacks Barn Farm, Silverstone                   ​HA1980 CA2006Deposit Notice Shacks Barn Farm, Silverstone (PDF 83 KB)Deposit Map Shacks Barn Farm, Silverstone (PDF 220KB)

Notice Locations Map Shacks Barn Farm, Silverstone (PDF 216KB)
​27/07/2016
​301​Ashton Polebrook​Land at Ashton Wold Estate and Land North side of Glebe Farm, Polebrook​HA1980 CA2006Deposit Notice Land at Ashton Wold Estate and Land North side of Glebe Farm, Polebrook (PDF 83KB)

Deposit Map 1 Land at Ashton Wold Estate and Land North side of Glebe Farm, Polebrook (PDF 683KB)

Deposit Map 2 Land at Ashton Wold Estate and Land North side of Glebe Farm, Polebrook (PDF 159KB)

Notice Locations Map 1 Land at Ashton Wold Estate and Land North of Glebe Farm, Polebrook (PDF 689KB)

Notice Locations Map 2 Land at Ashton Wold Estate and Land North of Glebe Farm, Polebrook (PDF 153KB)

​302​WelfordLucettes Fund Land at Welford Farms​HA1980
CA2006
Deposit Notice Lucettes Fund Land at Welford Farms (PDF 83KB)Deposit Map Lucettes Fund Land at Welford Farms (744KB)

Notice Locations Map Lucettes Fund Land at Welford Farms (752KB)
​303​Marston Trussell​Land at Marston TrussellHA1980
CA2006
Deposit Notice Land at Marston Trussell (PDF 83KB) Deposit Map Land at Marston Trussell (PDF 151KB)

Notice Locations Map Land at Marston Trussell (PDF 151KB)


​304​Staverton​Land at Staverton​HA1980 CA2006Deposit Notice Land at Staverton (PDF 83KB)Deposit Map Land At Staverton (PDF 168KB)

Notice Locations Map Land at Staverton (PDF 165KB)
​305​Everdon​Everdon Hall​HA1980 CA2006Deposit Notice Everdon Hall (PDF 82KB)Deposit Map Everdon Hall (PDF 533KB)

Notice Locations Map Everdon Hall (PDF 534KB)
​306​Brigstock, Boughton, Cranford, Geddington, Grafton Underwood, Kettering, Newton and Little Oakley,
Lowick, Stanion, Warkton, Weekley
​Boughton Estates​HA1980 CA2006Deposit Notice Boughton Estates (PDF 83KB)Deposit Map 1 Boughton Estates (PDF 8425KB)

Deposit Map 2 Boughton Estates (PDF 1567KB)
​307​Benefield ​John Nicholson, The Trustees of the JF Nicholson's 1964 Marriage Settlement, The Trustees of the MF Berry's Grandchildren 1971 SettlementHA1980​Deposit Notice 307 (PDF 83KB)Deposit Map (PDF 1184KB)
​309​Hollowell, Creaton
Mrs Anne Wallace​HA1980 CA2006
Deposit Notice 309 (PDF 82KB)​Deposit Map 309 (PDF 356KB)

Under Section 31A of the Highways Act 1980 Northamptonshire County Council is also required to maintain a register of declarations, maps and statements deposited under Section 31(6) of the Highways Act 1980. Unfortunately, due to staffing shortages, we are currently unable to meet all the requirements for the format of the register. If you have any query about a deposit on a piece of land please email:

defmap@kierwsp.co.uk